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!" AMERICAN VILLAGE PROPERTIES, LLC C 1 X001 ROCS r March 27, 2001 Via facsimile and Regular U.S. Mail Mr. Laurence M. Lillig, Jr. Planning Administrator __ _ Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Re: Docket No. 185-00;Town Centre West Dear Mr. Lillig: We are writing to request that you please withdrawal the above referenced ADLS matter from the Carmel/Clay Plan Commission Agenda. Thank you for your assistance in this matter. If you have any question please do not hesitate to contact me at 697-6500. Very truly yours; AMERICAN VILLAGE PROPERTIES,LLC 2#4(•,4k470 - - --Michael It-Speedy— _ Managing Member Cc: R amon an ock Bill-Bock, Esq. 4635 MOSS CREEK TERRACE-INDIANAPOLIS, IN 4623? PHONE(317)697-6500;FAx(317)786-6689 AMERICA VILLAGE PRO►PERT?ES:, LLC jl March 27, 2001 Via facsimile and Regular US. Mail , Mr. Laurence M. Lillig, Jr. Planning Administrator Department of Community Services City of Carmel — Une(,ivic Square — ,_.Carmel, IN 46032 Re: Docket No. 185-00 Town Centre West Dear Mr. Lillig: We are writing to request that you please withdrawal the above referenced ADLS matter from the.CarmeUClay Plan Commission Agenda. Thank you for your assistance in this matter. If you have any question please do not hesitate to contact me at 697-6500. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC Michael R. Speedy - -- - ----Managing Member Cc: Ramona Hancock Bill Bock, Esq. 4635 Moss CREEK TERRACE-INDIANAPOLIS, IN 46237 PHONE(317)697-6500;FAx(317)786-6689 S • cSanc�za BlakEL Jttozney-at-Jaw 4340 cNortIi Ca`sitot 04venus gncdtanaf2o[Li, !ncliana 46208 1� (317)283-1947 fax(317)283-2975 MAR�CO 1s 2001 DOSS ' Pager: (3.17) 549-7435 Email Address: bickel @indy.net March 15, 2001 Mr. Michael R. Speedy, Managing Member American Village Properties, LLC 4635 Moss Creek Terrace Indianapolis, IN 46237 RE: TOWN CENTRE WEST - TAX AND FISCAL IMPACT STUDY Dear Mike: The following is in response to your request for a study determining the tax and -- fiscal impact that the proposed development of Town Center West (the "Development") by American Village Properties, LLC ("AVP") will have on the Carmel-Clay School Corporation ("Carmel-Clay") and the various taxing units and taxpayers in the taxing district. In addition to Carmel-Clay, the taxing district consists of the following taxing units: Hamilton County (the "County"), Clay Township (the "Township") and the Carmel-Clay Public Library (the "Library"). SUMMARY OF CONCLUSIONS Using conservative projections, we det_rmined that taxpayers will experience no additional taxes and the various taxing units will receive additional revenue because of the Development. Over a ten-year period, the civil units of government (consisting of the County, Township and the Library) can expect to receive approximately $4 million dollars in new funding. The anticipated impact of the Development on school funding is similarly positive. The Development will not result in an increased property tax rate. Rather, Carmel-Clay can expect to receive an additional amount of state aid and local property taxes equal to approximately $115,439 (or $57,719 for each new student) if two students enroll and $268,794 (or $10,338 for each new student) if twenty-six students enroll. The I 0 • current per student funding amount is $6,996. Even more significantly, the substantial increase in assessed value of the subject property will increase the ability of Carmel-Clay to fund capital projects and purchase equipment for the students and the school corporation. DESCRIPTION OF THE DEVELOPMENT The Development consists of a tract of land located in the proximity of 11000 Michigan Road. The tract is approximately 34 acres in size. It is proposed that the Development will consist of the following Areas: Residential Area: Approximately 22.6 acres will be developed as 16 multi-family residential buildings and 2 mixed-use buildings with up to 10,000 square feet of retail space. The Development will include a total of approximately 290 residential units. The residential buildings will include approximately 44 integrated garages. There will also be detached garages for approximately 50 cars, a swimming pool, community space and adequate parking area. The residential units will lease for approximately $715 to $1,250 per month. Commercial Area: The Development will contain up to 125,000 square feet of retail space, including the 10,000 square feet of retail space incorporated in the mixed-use buildings. ASSESSED VALUE PROJECTIONS The site is currently assessed as agricultural land, a home-site, a dwelling and a garage with an assessed value of$27,670. To estimate the assessed value of the Development, we us d the current County Land Valuation Commission Order for Clay Township, Hamilton County and the 1995 Real Estate Manual. When fully developed, we estimate the Development will have an assessed value of approximately $5,047,978. After subtracting the current assessed value of the parcel, the impact of the Development will be $5,020,308. PROPERTY TAX ANALYSIS Indiana has a system of property tax controls that limits the growth of property taxes in three ways. They are as follows: 1. A statutory formula for maximum levy growth controls the size of the general fund levy of the County, Township, Library and Carmel-Clay School Corporation. This formula permits the general fund of the County, Township, and Library to increase by the unit's previous three-year average in assessed value growth up to a maximum of 10%. Most units realize a 5% minimum annual 2 • increase based on their assessed value growth. There is a separate statutory formula for determining the amount of the general fund levy of all school corporations in the state, as well as the amount of state support that school corporations receive. Unlike the formula for civil units, which rarely changes, the formula for school corporations changes biennially. The statutory maximum levy formulae have the same result for civil units and school corporations. In general, additional assessed value results in a reduced tax rate. 2. Various statutory maximum tax rates determine the maximum levies of the various cumulative or capital projects funds of the County, Township, Library, and Carmel-Clay School Corporation. Generally, the levies of these funds increase as assessed value increases. 3. A petition/remonstrance procedure controls the size of debt service funds. The amount of debt service due and payable in a particular year determines the tax rates and tax levies of debt service funs. Additional assessed value results in a lower debt service tax rate. LOCAL GOVERNMENT FUNDING Assuming that the civil taxing units (County, Township, and Library): (a) maintain the current tax rate for funds such as cumulative capital funds that have a maximum property tax rate; and (b) decrease the tax rate for funds that require only a specific levy, such as debt service funds and the general fund, the following chart shows the changes in funding and tax rates that would have occurred if the Development had been on the tax rolls for taxes assessed in 2000 and payable in 2001: Taxing Unit Hamilton Clay Public Totals County Township Library 'Current tax .011459 .006280 .002447 .020186 rate New tax rate .011444 .006226 .002436 .020106 Difference (.000015) (.000054) (.000011) (.000080) Current levy $ 31,819,826 $ 3,418,289 $ 2,899,477 $ 38,137,592 New levy $ 31,837,357 $ 3,422,230 $ 2,899,477 $ 38,159,064 Difference $ 17,531 $ 3,941 $ 0 $ 21,472 The above chart shows that the overall tax rate for the civil governments in the taxing district will decrease by .00008 or $.008 per $100 of assessed value. In addition, the County will receive additional revenue of $17,531 and the Township will receive additional revenue in the amount of$3,941. The County has adopted the County Option Income Tax ("COIT") at a rate of 1% on Indiana adjusted gross income on residents. and the County Economic Development 3 • Income Tax ("EDIT") at a rate of .25°./0 on Indiana adjusted gross income tax. The County and the various towns and townships in the County receive a distribution of COIT revenue based on each unit's respective, proportional levy. To calculate the additional COIT and EDIT revenue, we assumed an average household income of $100,000 We estimate that the Development will result in additional COIT and EDIT revenue in the amount of$362,500. All of the taxing units in the taxing district, including the Carmel-Clay School Corporation, receive a proportionate distribution of Motor Vehicle Excise Taxes ("MVET") revenue. We estimate additional MVET revenue as a result of the Development by multiplying a reasonable household motor vehicle excise tax bill ($300) by the number of households in the Development. We estimate that the Development will result in additional MVET revenue in the amount of$87,000. The Development is expected to result in approximately $400,000 in additional revenue per year for the county, city, township, and library. IMPACT ON SCHOOL FUNDING To estimate, the number of students who might enroll in the School Corporation, we consulted school corporations with three comparable multifamily developments: Summit River and Springs in Washington Tc vnship in Marion County; and AMLI at Connor Farms in Hamilton Southeastern Schools. We project that two to twenty-six students will enroll in Carmel-Clay as a result of the Development. For the Impact Study, we assumed an increase in Average Daily Membership ("ADM") of 2 and 26 students. We assumed proportional increases in special education and vocational enrollment, Average Daily Attendance ("ADA") and special education transportation costs. The chart below shows the impact of the Development on the total funding for Carmel-Clay, including the current and the projected funding levels and the current and projected tax rates. Current Funding 2 Additional 26 Additional Students Students Total Funding $ 81,013,580 $ 81,129,019 $ 81,282,374 Funding/Student $ 6,996 $ 7,005 $ 7,004 Funding/New Student $ 57,719 $ — x.0,338 Tax Rate .047717 .047717 .047717 Town Centre West will increase the Carmel-Clay per student funding rate by an amount equal to $8 to $9 per student. With an additional 2 students, Carmel-Clay will ' There are no stabilized properties comparable to the Development in Carmel. 4 S collect an additional $57,719 for each new student. With an additional 26 students, Carmel-Clay will collect $10,338 for each new student. OTHER REVENUE In addition, the new businesses in the Development will pay business personal property tax on their equipment and inventory. This additional assessed value results in a lower tax rate for all taxpayers. Due to the number of variables involved in calculating business personal property, we did not quantify the impact of the additional personal property assessed value of the Development on the taxing units or the taxpayers. Even more significant is the impact of the Development on the ability of Carmel- Clay to undertake capital improvements, such as constructing new school buildings and purchasing equipment. Although the school funding formula somewhat neutralizes the impact of assessed value on the availability of operating funds, assessed value has a substantial impact on the ability of a school corporation to fund capital projects. The funding sources for capital improvements are the Capital Projects Fund and the Debt Service Fund. The amount of money collected in each of these Funds is a function of the assessed value of the school corporation. As assessed value increases, so does the availability of money in these Funds. Please advise if you have any questions regarding this analysis or if I can be of further assistance to you in this or any other matter Very truly yours, Sandra K. Bickel, Esq. cc: William Bock, Esq. 5 I�, CE L P SM LEGAL & BUSINESS ADVISORS t 3 SANDRA K.BICKEL Of Counsel Municipal Finance Section (317)236-2156 E-mail: bickel @ icemillercom Sandra Bickel's primary areas of practice are property tax and governmental affairs. Ms.Bickel is a member of the Indiana Municipal Lawyers,the International Association of Assessing Officials and the Indiana Bar Associaton. Ms.Bickel serves on the Board of the Butler-Tarkington Neighborhood Association. She is on the Finance Committee of Reach for Youth,Treasurer of the Indiana Consortium of Family Organizations and vice president of the Indiana Coalition for Human Services. Ms. Bickel has written articles about and speaks on the subject of property tax and local budget procedures. Born in Elkhart,Indiana,Ms.Bickel received her B.S.in 1970 and earned her M.S.in 1975 from Indiana University. She holds a J.D.from the Indiana University School of Law,Indianapolis,Indiana,where she graduated in 1982. While attending law school,she won first place in the Client Counseling Competition. Before entering law school,Ms.Bickel taught in the Elkhart Community School Corporation. She served as a Commissioner for the Indiana State Board of Tax Commissioners before joining Ice Miller in 1993. One American Square Box 82001 Indianapolis,IN 46282-0002 P 317-236-2100 I F 317-236-2219 I www.icemiller.com Indianapolis I Chicago 9 South Bend I Kansas City I Washington,D.C. MAR-06-2001 TUE 05:03 PM CARMEL COMMUNITY SVCS FAX N0, 317 571 2426 P. 01 MAR-07-2091 e2;05 AM P.01 Cercanar Py Conservation l?la:►rkn6& ;� � Ape� Workshops • Site plans • Ordinances 4/7 1���� I— R Ball Arendt os o� pal 4s pugs iiaragenent pie blind MC 401/N24200(fix sad phi) 0,insei rpm&eiwinc;aosa weblike:www.pseneeprospeemosest " with Nen far Pte' Mike Holiibaugh Department of Community Services City of Carmel Carmel, IN46032 March 2001 Dear Mike, Congratulations on your new Job as Dilutor. I look forward to working with you and Carmel spin soon. As you know, I have been consulting with Mike Speedy and American Village Properties on their proposed development on the Michigan Road known as Town Centre West. As you also know, I participated in the drafting and creation of the Overlay Ordinance(among others) governing Town Centre West I wanted to take a moment to reemphasize how in nv opinion the Town Centre West proposal fits In within the Overlay's vision. Here's how: • Town Centre West meets the Overlay's purpose and intent to high quality, innovative site design and at the same time encourage efficient lanai usage" In my opinion,no other proposal could successfully combine the landmark architecture, quality materials with residential over retail mss. Other plans would isolate and segregate uses behind sprawling landscape.berm, • TCW creates a"special sense of place" through careful integration of uses and traditional streetscapes. TCW embraces kntegmtlon of uses,making the"gateway" mixed-use buildings and village green its focal points. These features draw people to public spaces allowing interaction and the creation of a sense of community,that is, a sense of place, • TCW Is well designed for its site. in my opinion,quality developments such as TCW add value to their community and Increase property values,while also attracting new businesses. Alternative proposals, including abngle•use ovum, would be a continuation around a deep f sprawl k found In the Corridor today. Town Centre West carefully designs major arterial and integrates uses In an attractive, innovative manner to fight against the short-sighted sprawl. Town Centre West is designed to conserve trees in a way other proposals would not be able to do. MAR-06-2001 TUE 05:03 PM CARMEL COMMUNITY SVCS FAX NO. 317 571 2426 P. 02 MAR—e7-2001 62e86 AM • P.02 • The Overlay Ordinance does not discriminate saint multifamily uses, be they upscale apartment or otharwise. If this WNW not the vi n,we would have excluded them from the list of excluded uses. gut we ,..:: not • Town Centre West adds Me needed dim to the Corridor. • t'CW's architecture is erectly whet the Overlay Ordinance requires. • Moreover,TCW's architectural theme cord*floes through the site. Again,it is done is a way that fosters the"special sense of plates" e , for in the Overlay Zone. The Overlay ZEN specificalhl"encourages. - . a r,,.t principles for buildings[and site planning. . . • The Overlay Zone"des"bang heights to be"two or more"and to have residential wee above retail uses. Subparagraph I, Stonants, also spoke of"ground floor" retail uses and wined d enteoureging residential and other r above. • TCW has committed to high quality of building materials a raph K, Suitability of building materials,with use of brick end wood composite ceding. • TCW's landscaping buffer exceeds Carmel's bufferyard requirements stipulated in the Overlay Ordinance. • TCW'a circulation and access plan fits ere anent of purpose of the Overlay Ordnance (Access to Individual Tracts provision)through its commitments to the Hamilton County Highway Department to grant cross easements to adjoining commercial penes& In short, [believe that TCW would set a new standard of excellence for development in the Michigan Road Corridor. If you or any member of your staff, the Plan Commission or any Interested,party should have any questions regarding any aspect of the TCW do not hesitate to Co t era. Sincerely, )at4,‘"()('UlA Randall Arendt AMERICAN VILLAGE PROPERTIES, LLC March 15, 2001 Via Hand Delivery Ms. Marilyn Anderson 3884 Shelborne Court Carmel, IN 46032 Re: Town Centre West. Docke No, 184-00 Z' q � Dear Ms. Anderson: � BAR ��D 16 200/ 'I °OCS ' 7 We are looking forward to our third opportunity to present the proposed Town Centre West to their % full Plan Commission on this coming Tuesday, March 20, 2001. As you will recall, the Town Centre West proposal was initially referred to the Subdivision Committee for a hearing on February 6, 2000. At the conclusion of this hearing the Committee voted 6-0 to favorably recommend the proposed development. As the result of further questions received from the full Plan Commission, the Town Center West project was referred back to the Subdivision Committee for a second committee hearing which occurred on March 6, 2001. At the second committee hearing the Committee voted 7-0 to favorably recommend Town Centre West. At both committee hearings modifications to our proposed legal commitments and site plan were recommended. The most updated version of the legal commitments with attached site plan, bufferyard plan and elevations of the significant buildings is enclosed with this letter. Also enclosed is an analysis of the favorable anticipated tax impact of the development, which was recently prepared by a former Commissioner for the Indiana State Board of Tax Commissioners. We have also enclosed copies of pertinent correspondence occurring after the January 16'h public hearing. We look forward to meeting with you on Tuesday. Should you have any questions please do not hesitate to contact me at 697-6500, or over the weekend at 786-6689. Very truly yours, ►.,t RICAN VILLAGE PROPERTIES, LLC AIII p Michael R. Speedy, II Managing Member Cc: Ramona Hancock John Molitor, Esq. [Laurence Mme.Lillig Jr Enclosures 4635 Moss CREEK TERRACE—INDUCNAPOtdS, IN 46237 PHONE(317)697-6500;FAX(317)786-6689 MAR-06-2001 TUE 05:03 PM CARNE COMMUNITY SVCS FAX NO. 3171 2426 P. 01 t A � 1� Ps01 4-t MRR-37-2$01 02 ;05 AM Greener Prospects Conserved=Planning&Design Workshops • Site Plans • Ordhuonees Randall Arendt 43 Progsket Awseue Na epnaett,Rhode World 02e112 401/792.9200(fax and phone) agMaill Wank diriunnc.a99 vases www, peemooro "Designing with Manes ftw Foyle" Mike Hollibaugh Department of Community Services city of Carmel ' Carmel, IN46032 6 March 2001 Dear Mike, Congratulations on your new job as Director. I look forward to working with you and Carmel again As you know, I have been consulting with Mike Speedy and American Village Properties on their proposed development on the Michigan Road known as Town Centre West. As you also know,I partidpated in the drafting and creation Overlay how M rrgt a moment others) governing Town Centre West. I wanted to opinion the Town Centro West proposal fits In within the Overlay's vision. Here's how: • Town Centre West meets the Overlay's Purpose and intent to"oromote high quoit?, Innovative:site design and at the sane tittle encourage efficient land usage." In my opinion, no • 'proposal successfully la quality with residential retail structures. Other would isolate and iegre uses behind sprawling landscape berms. • TCW creates a"special sense of place" through careful integration of uves and traditional streetscapes. TCW embraces Integration of uses,making the"gateway" mixed-use buildings and village green its focal points, These features draw people to public spaces allowing interaction and the creation of a sense of community,that la, a sense of pie. • TCW is well designed for its site. In my opinion,quality developments such as TCW add value to their community and Increase property values,while also attracting new businesses.. Alternative proposals, eluding single ones,would be a continuation of sprawl development found In the Corridor"today. Town Centre West carefully designs around a deep site fronted on a major arterial and Integrates uses In an attractive, innovative manner to fight against the short-sighted sprawl. • Town Centre West Is designed to connive tees in a way other proposals would not be able to dd. MAR-06-2001 TUE 05:03 PM CARMEL COMMUNITY SVCS FAX NO, 317 571 2426 P, 02 MAR—e7-2001 62:86 AM P.02 • The Overlay Ordinance does not discriminote against multifamily uses, be they upscale apartments or otherwise. If this were not the vin,we vrould have exckeled them from the list of axduded . Out we did not • Tann Cent West add;rte+needed diet to the Cordddar. • -'CW's architecture le exactly what the Overlay Ordinance Iseult**. • moreover,TCW's architectural theme carefully flows through the site. Again,It is done Is a way that fosters the"special sense of place"called for in the Overlay Zone. The Overlay Zone specifieafiy"encourages. . . a coordinated set of design principles for bunnies rand eta planning. . ." ® The Overlay Zone"encourages"beating heights to be"mo of more"and to have residential uses above retail uses. Subparagraph I, Storefronts, also speaks of "ground floor" retail USN and unified design encouraging residential and other uses above. • TCW has committed to high quality of building materials in Subparsgraph K, Suitability of building materials, with use of brick and wood composite*Wing. • TCW's landscoping buffer exceeds Carmel's bufferyard requirements stipulated in the Overlay Ordinance. • TCW's circulation and access plan fits the Intent of purpose af the Overlay Ordinance (Access to individual Tracts provision)through its corenthrients to the Hamilton County Highway Department to grant cross easements to adjoining comrrfetl perms In short, i believe that TCW would set a new standard of excellence for Commission development in any Michigan Road Corridor. If you or any member of your staff, interested party should have any questions any aspect of the TCW please do not hesitate tO tented ms. Sincerely, .67Q1/4(IA Ceti `, Randall Arendt • Lillig, Laurence M From: Morrissey, Phyllis G Sent: Tuesday, March 06, 2001 3:27 PM To: Hollibaugh, Mike P; Lillig, Laurence M; Hahn, Kelli A; Hancock, Ramona B Subject: Fax for Tonight's Mtg We received a fax re: Town Centre West and they asked that it be distributed to the members of the Subdivision Committee. I made 10 copies and put them on the cart. PM 1 03/06/2001 15:19 3177334747 ALTUM'S PAGE 02 0 40A,,, 4 tit iii7S ----2 TT-- N HORTICULTURAL CENTER&GARDENS LANDSCAPING C��y- Carmel/Clay Plan Commission /4,1 � One Civic Square MEMBER OF PERENNIAL PLANT ASSOCIATION Carmel,IN 46032 MEMBER OF INDIANA ASSOCIATION OF NURSERYMEN MEMBER OF INDIANAPOLIS LANDSCAPE ASSOCIATION 11. te February 6,2001 01. 1 Attention Plan Commissioners: rtt I ani Dana Altum Gibson,President and co-owner of The Altura Group located at 11335.N.Michigan Rd. During a recent plan commission meeting on February 20,2001, a statement was made by Mr.Michael Speedy of American Village Properties stating that Alturn's was in favor of the Towne Center West Project that is adjacent to our property on the south. The fact is that Altum's has always maintained a neutral position on the . issue of rezoning this property and still does. Mr.Speedy misspoke when he made that statement and took it upon himself to do so without ever obtaining proper authorization from any The Altura Group owners, consisting of myself,Robert C.Altura or Robert O.Altum. His erroneous statement has not only caused a misunderstanding between Altum's and it neighbors,the Villages of Weston homeowners,many of them being current Altum customers,but also has created some ill will from some of our customers.(Please see attached e-mail and letter to the homeowners.) His inaccurate statement has caused somewhat of a public relations nightmare for our business with our customers and neighbors. This letter is to clarify any misunderstanding by the commissioners and people in attendance that evening. We support the homeowner's efforts in making sure that the plan commission is obtaining the best possible development of the property and hope that their valid concerns are taken seriously and with forethought. Altum's also wants the best use of the site for itself and neighbors around it,and hope that Carmel will maintain it's high standards of committing to what is right for the people of the community and their quality of life as well as the future of West Clay Township. Respectfully, 11 , , // Dana Altura Gibson _ President,Altura Grou 11335 North Michigan Rd. • Zionsville, IN 46077 Phone: (317)733-GROW - Fax: (317)733-4747 •www.altums.com 03/06/2001 15:19 3177334747 ALTUM'S PAGE 03 41 8 . s HORTICULTURAL.CENTER&GARDENS LANDSCAPING #11 CeWer.9 MEM9ER OF PERENNIAL PLANT ASSOCIATION 200/ MEMBER OF INDIANA ASSOCIATION OF NURSERYMEN DOCS 00 MEMBER OF INDIANAPOLIS LANDSCAPE ASSOCIATION LP1P, of Dear Villages of Weston Homeowner, This letter is to clarify Altura's position on the Town Centre West project. At the last Carmel Clay Plan Commission meeting,developer Michael Speedy misspoke when he stated that Altum's was in support of this project. This is not the case,as we have always maintained a neutral position. As customers and neighbors of Altum's,we understand the impact this development has on you and your quality of life as homeowners in West Clay Township. We understand your situation and applaud your efforts in opposition. As I stated to Mr.Lipe and Mr.Grayson,Altum's will be sending a letter to all the planning commissioners and the director of community development officially stating our position We hope this will clear any misunderstanding that may have occurred during the recent meeting. I will continue to keep in contact with Mr.;Lipe as to the progress of the situation. If you should have any further questions,please feel free to contact either one of us at 733-4769. Sincerely, Dana Altum ob Altum President Vice President The Altum Group The Altum Group 11535 North Michigan Rd. • Zionsville,IN 46077 Phone:. (317)733-GROW • Fax: (317)7334747 •www.altums.com 03/06/2001 15:19 3177334747 ALTUM'S PAGE 01 . . . 0 . . ' ! t it 1 S - Tyr: "% r\\% 11335 North T� igan Road - / . . / . ottsvil4 IN 46077 . �'r (351. • , • .- : .(317)733-4769 . , • . (317)733-4747 FAX • • - -. .. , Page 7'of� ("I" • To: .. . ' "" ( -.61 Rerer FAX: f •f• 2LI 'c , • . • from . Date: - , .. • C a - -• • ..____+___=ie....or -04, k.:. • it- -C.1) . •.„ : c A i 1116. ' , . • G 1-) .-_ -‘06.15. .. e.--e • .‘iv\--• 4.4.1. - • di*. A • 111S, ... . , . . F � C1.U72. ! • S 1/°6 '41 • V2>. ! kg - AJ s..�4 \ • •fl:S '`t-i . ► LLLL 9.--N ` . ___SArkra ... IrilirillW - ' • I/ ' 10a • - % please curiae usat{317)7 3-4769 ..hem are aryl wlh this� .? you \ . . 03/06/2001 15:19 3177334747 ALTUM'S PAGE 04 11 rage IeaL Subj: Towne Centre West Development • Date: 3/5/01 9:34:30 AM US Eastern Standard Time 6,1 PE-7, 'e",;,L From: Lise.ColtonQcenier.utc.com(Colton. Lisa CAR) To: altuml(c aoLcom('altuml©aoLcom) t, ee To whom it may concern: rr 01 My name is Lisa Colton. My husband and I are homeowners in Weston Ridge of the Westons. During the February 20th Plan Commission Meeting,it was announced bithe attorney for the developer that Mum's supports the Towne Centre West development. In a prior meeting, it was represented to us that Altum's did not support the project. It was a disappointment to many of us to learn that Album's was in support of this AVP development and It has forced a number of us to reconsider our patronage of Altum's. • husband and I do not support pport Towne Centre West for a number of reasons. Most importantly,we are concerned that the apartments will not be property maintained and will fall into disrepair within five to ten years causing an eye sore for homeowners and businesses in the area This and other factors will drop the property value of the homes In our development,as well as other surrounding developments. The quality of the renters can not be fully controlled which also poses a potential threat to our safety. Safety is very importantto our Community because we have many young families;and our commitment to safety is shown by our active Crimewatch program. The increase in traffic onto Michigan Road is another concern. There are many residential subdivisions in the area which are still under construction as well as retail and Commercial developments currently being built. These will all contribute to further congestion in the area and a large apartment complex with extremely high density will further compound the problem. My husband and I do support the thoughtful and appropriate development of the property west of the Western's and south of Mum's;however, not in the manner that AVP proposes. In our opinion,the best use of the land would be either low-intensity business uses(such as medical office buildings which operate during weekday hours),or medium-density owner-occupied residential such as condominiums(meaning 3-5 units per acre),which is encouraged by the Comprehensive Plan. This approach could benefit your business by a much higher magnitude than apartments. Home and condo owners are more likely to invest in landscaping and purchase seasonal plantings. Gardening is one of our hobbies. We have a raised bed vegetable garden, rose garden, hundreds of bulbs,and plant annuals every year. My husband and I are also in the process of completing all of the plantings in our landscaping plan. We spend hundreds of dollars every year on gardening and landscaping. In past years, most of our gardening and landscaping budget has been spent at Mum's. We believe in supporting local businesses, even at a higher cost. We hope that you will support our position. If our community cannot depend on your support,then I see no reason wiry Altum's should be able to depend on our support. We will have no choice but to end our patronage of your business and encourage others in our are to do likeiaise. Respectfully, Lisa Cotton Tuesday,March 06,2001 America Online:Altuml FEB-20 01 10:35 FROM:AMERICAN LAGE 317-786-6689 T0:3571 2426 PAGE:03 FEZ/-22-01 05:50 PM P.02 CDG CONSULTING, LLC Civil Engineering -Construction Staking 1500 West Oak Sweet-Suite 300 PO Box in Doraville,IN 460714692 Telepaoue(317)8734360 Facsimile 317)873-9362 • February 22'x,2001 • Michael R. Speedy • Managing Member American Village Properties,LLC 4635 Moss Creek Terrace Indianapolis,IN 46237 Dear Mr, Speedy: Per our telephone conversation,as you know I am Dana Altum Gibson's husband. She is co-owner of Altum's Garden Center. When we spoke on the telephone on the morning of Tuesday,February 20,I incorrectly authorized you to announce at the plan commission meeting later that evening that Altum's Garden Center had taken a supportive position regarding your Michigan Road proposal, Later,my wife informed me that Altum's was maintaining their neutral stance, Had your matter not been moved up on the agenda,I would have clarified this • when I arrived to speak in favor of your proposal. I apologize for the misunderstanding. I have reviewed your plans at Altum's request, and I personally,in fact,strongly support your proposal. I think it is well designed,well land planned and is otherwise appropriate for the Michigan Road parcel. Please feel free to share this letter to clarify these events. If you have any questions or comments regarding this matter,please do not hesitate to contact me. Sincerely, JA4\de .tk Jay B. Gibson, P.B. FEB-20 01 08:50 FROM:AMERICAN LLAGE 317-786-6689 TO:3 571 2426 PAGE:02 FEB-22-01 03:43 PM P. 01 CDG CONSULTING, LLC CM Engineering -Construction Staking 1500 West Oak Street,Satre 300 PO Box 692 Zionsville,Wawa 460774692 Telephone 011)8739360 Facsimile O17)013.9362 FAX TRANSMITTAL DATE: 2(721.14/ JOB NO: COMPANY• v. p. L c(' FAX#: (oirCr FROM; C.�1 105. TOTAL SHEETS TRANSMITTED: - RE:_ IVI IAN t C P c ,ova. l le it- - COMMENTS 1644- o%�ww I w�,�� `ow re 04ur ✓I DVt�C. 4 . co‘-' T V`L, lifter FEB-20 01 08:50 FROM:AMERICAN1LLAGE 317-786-6689 TO:.571 2426 PAGE:01 • AMERICAN VILLAGE PROPERTIES, LLC FACSIMILE TRANSMITTAL SHEET NOTxcE: This message is intended only for the addressee and may contain 4 information that is privileged, confidential and/or attorney worik:pro��sc' If you are not the intended recipient, do not read, copy, retain or � disseminate this message or any attachment. If you have received- thisEB 22 1001 message in error, please call the sender immediately at (317) 766-6689 and delete all copies of the message and any attachment. Neither the DOGS transmission of this message or any attachment, nor any error in'\ transmission or misdelivery shall constitute waiver of any applicable legal privilege. TO: Ms.Ramona Hancock COMPANY: Department of Community Services FAX#: (317) 571-2426 FROM: Michael R. Speedy Managing Member 317-697-6500; fax 317-786-6689 Email: m.speedy(a worldnet.att.net DATE: Thursday, February 22,2001 PAGES: 3 (Including Cover Page) SUBJECT: COMMENTS: Please distribute to the plan commission members tonight if possible. Thanks, American Village Properties,LLC — 4635 Moss Creek Terrace—Indianapolis,IN 46237 Phone(317)697-6500;Fa:(317)7864689 ii • V , 0c CAR CITY OF CARMEL Department of Community Services i.. r y o, One Civic Square � .,y,:t it Carmel,IN 46032 . ON°Ir pi 7)571-2417 Fax:(317)571-2426 Fax / / To: �/.. .� ��„,CC , . From: /4,€� Fauc 79/ I ygg A Pages: �--'-- Phone: Date: �2,7 Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑Please Reply ❑Please Recycle k JZ1 ----d2d ' 17:1? -------- p ' i' - / itktir—/'CopIP- ,f'de • L _ 0 • AMERICAN VILLAGE PROPERTIES, LLC February 16, 2001 Kent M. Broach, Esq. ‹9,0 Wooden & McLaughlin OOe 4 1600 Capital Center South 201 North Illinois Street Indianapolis, IN 46204 Dear Mr. Broach: We look forward to the opportunity to review our revised plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission meeting on Tuesday, February 20, 2001. In preparation for the Subdivision Committee meeting on February 6, we met with Plan Commission staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Thereafter, we presented the proposed commitments to the Subdivision Committee and reviewed those commitments, the site plan and comments from the neighbors with the Committee. A revised set of commitments, which incorporates the recommendations of the Subdivision Committee, is enclosed for your review. At the Committee hearing Chairman Houck and other members of the Subdivision Committee requested that we provide additional buffering between Town Centre West and the Westons Subdivision. Enclosed you will find a completely revised buffering plan. As you can see, in response to the Subdivision Committee's comments we have more than doubled(from 50 to 110) the number of evergreen trees to supplement dozens of shade and ornamental trees. The effect of our revised landscape bufferyard plan can be seen on Exhibit "I"of the enclosed commitments. Also enclosed is a letter from Mr. Brewer, confirming that our site plan meets the stringent landscaping requirements found in the Michigan Road Overlay Ordinance and that our bufferyard plan exceeds the Commission's requirements. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Carmel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. 4635 MOSS CREEK TERRACE—INDIANAPOLIS,IN 46237 PHONE(317)697-6500;FAx(317) 786-6689 Fax • • Kent M. Broach, Esq. February 16, 2001 Page 2 We hope that these materials are of benefit to you in preparing for the upcoming Plan Commission meeting and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES,LLC Michael R. Speedy S E1( Managing Member Enclosures cc: Laurence M. Lillig, Jr. Ramona Hancock John Molitor, Esq. 4635 MOSS CREEK TERRACE-INDIANAPOLIS,IN 46237 PHONE(317)697-6500;FAX(317) 786-6689 FAX I� 02/20/01 13:58 '8` (1002 I Ron Hunter 3570 Sedgemoor Circle Carmel, Indiana 46032 (317)873-0120 February 19, 2001 /4- i Ms. Marilyn Anderson / ��Q President ;_ „f Plan Commission P0� ?SDI J/ City of Cannel One Civic Center Cannel, IN 46032 T;;�j Re: Proposed Town Centre West Dear Madam President: • We are writing on behalf of the Bridlebourne Homeowners Association in support of the above referenced proposed development. We read about the proposal in the newspaper last week and I have since met with the developer about the above-proposed development on Michigan Road. We are located within one mile of the proposed project. We are supporting the Town Centre West proposal because it would offer an attractive housing and a retail alternative to the large boxy retail buildings that are under construction now and the existing production homes now seen from Michigan Road. We take no issue with the upscale apartments, as we understand they have superior building materials and attractive architecture. Since these types of developments do not attract a significant amount of school age children, they pay more than their share of property taxes. Quite frankly,we need diverse higher quality housing options that do not burden our schools. We are confident that Town Centre West is the type of upscale development we should welcome in western Clay Township. If I can answer any question regarding this letter, please do not hesitate to contact me. Respectfully, The Bridlebourne Homeowners Association, Inc. By: `.._.,c.r� Ron Hunt., ,President Ron Hunte cc: Kevin Kirby, President of City Council • • 02/20/01 13:57 Tr 40 001 , 0 • , S Mir • • STANDARD MANAGEMENT CORPORATION 9100 Keystone Crossing,6th FIoor,Indianapolis,Indiana 46240 Office(317)574-6222 Fax(317)574-6227 5 Fm ' "�itim Y „..25rk-� h0 Sed�oM {r � � •"',"v”".g n gI. y�7., m4: LY"afi 4CjkRP 6yA!d 'I �Y � W 6''cm 4+i•y � •� 1 I!J,,,f. ��� �n�.iis i J:ri:.:,, . °' 7.5,, /�YY �YT. i �. .� re.a aXxe44 iy ,,,,:.> < r .wsf: ..N mb .d.�nr4. +:� ;� ,d :oO &,w:.uR','i' ,3"��: "°tiow .1 . 1 v6 ,J �' 0 Y.0 ;n � �� �laS »s :. ..:: To: (-4: a.v.-0-e,-,,,_,"- --6.14,-L€4..k. Qi.,,,,:t1.03,4_,,,,-..,,,, Fax#: __ '?1. From:RONALD D.BUNTER CHAIRMAN,PRESIDENT& CEO Date: a 02'0 —CCa 1 ET . 4;aNM4i ':! 1 fY i"'V �dsfi k t W a� �Frrr ilt:_ _ y i...s• .q .Ti'...i f+"�� � ,.,%.1.010'.., .r .a.:x .'S.°�w'l��w� SewaLl�l2i'�: •1.N..'ti. ' rS t r�F�;2131•'Kfir.RUt•,�� „w y° �,___ �5' �4..� - w•r.•v:.�y.%• ��y,,�.� �I Y _ ':f. 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I , THIS MESSAGE LS'INTENDED ONLYFOR THE USE OF THE INDIVIDUAL OR ENTITY To WHICH IT ISAPDRESSED4ND MAY CONTAIIYlNFORMA7TON HATISPRIYILEGED,CONFIDEN IALANDEXEMPTFRQMDISCLOSUlE Ifthereaderofthismessagge is not the intended recipient or an employee or agent res onsible for delivering the mess a to the intended recipient,you are hereby notified that dissemination.distribution or copying 0-this communication is mictl prongcited 4ny inadverterurecerpt byyou ofsuci confidential information-is net intended to constitute a waiver of ai y privilege I,f ou have received this communication in error,please noafy'us immediately by telephone and return the original message to us by matt Y Thank you. I 0 I ,e,4 of Cq9'"t\ City of C 4---4.710N—,,,,, DEPARTMENT OF COMMUNITY SERVICES February 14, 2001 Mike Speedy American Village Properties, LLC 4635 Moss Creek Terrace Indianapolis, IN 46237 RE: Town Center West Development Commitments and Site Plan Dear Mike: After our meeting on Monday,February 12, 2001, I reviewed the amended commitments and the site and south bufferyard plans. I appreciate American Village Properties being open to my suggestions. The conceptual (site) Development Plan meets the landscaping requirements found in the 421 Overlay Zone Ordinance. I also commend the conservation design principles that you were able to utilize in developing the plan for this parcel. The amount of woodlands preserved is very encouraging, as well as your ability to involve Randall Arendt early in the design process. This will help the finished development and our community retain the value of the natural features in this project. The revised southern bufferyard plan exceeds the Commission's Bufferyard Design Standard C for plant material by a little over 10%. The species list looks very good, being composed mainly of native species. I suggest keeping individual species to about 15% of the total number of plants for diversity reasons. As specific landscape plans are finalized for ADLS or secondary plat approval, I will be glad to work with you on plant placement or grouping on the buffering mounds, and any recommended ornamental grasses or groundcovers that might help with lower maintenance efforts in those areas. If you have any questions on recommended tree preservation practices or other specifications,please contact me at the Department Of Community Services at (317) 571- 2417. Sincerely, a cat. ZiO/Le.,t/tXIL Scott Brewer, Urban Forester, The City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 • AMERICAN VILLAGE PROPERTIES, LLC e 0 LP Y February 2, 2001 Via Rep U.S. Mail Kent M. Broach,Esq. Wooden&McLaughlin " 1 [ 1600 Capital Center South ,! .- 201 North Illinois Street Indianapolis, IN 46204 41.41//4, L Re: Town Centre West, Docket No. 184-00 Z ,AC)) Subdivision Committee Meeting s e; Dear Kent: 100, We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission Subdivision Committee meeting on Tuesday,February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Carmel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC Michael R. Speedy Managing Member Enclosures cc: Laurence-M.tillig,Jr. Ramona Hancock John Molitor, Esq. 4635 MOSS CREEK TERRACE-INDIANAPOLIS, IN 46237 PHONE(317)697-6500;FAx(317)786-6689 • • AMERICAN VILLAGE PROPERTIES, LLC [Dv G 0, February 2, 2001 Via Rep US Mail Ms. Madeline Fitzgerald 4500 West 126th Street Zionsville, IN 46077 Re: Town Centre West, Docket No. 184-00 Z Subdivision Committee Meeting Dear Ms. Fitzgerald: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Cannel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Cannel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC omAa Michael R. Speedy Managing Member Enclosures cc: LaurenceM:_:Li11ig Jr: Ramona Hancock John Molitor, Esq. 4635 Moss CREEK TERRACE-INDIANAPOLIS,IN 46237 PHONE(317)697-6500;FAx(317)786-6689 • AMERICAN VILLAGE PROPERTIES, LLC 0 FY February 2, 2001 Via Reg U.S. Mail Ms. Norma Meighen 11015 Lakeview Drive Cannel, IN 46033 Re: Town Centre West, Docket No. 184-00 Z Subdivision Committee Meeting Dear Ms. Meighen: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall.Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Cannel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC s Michael R. Speedy Managing Member Enclosures cc: Laurence M. Lillig, Jr., Ramona Hancock John Molitor, Esq. 4635 Moss CREEK TERRACE—INDIANAPOLIS, IN 46237 PHONE(317)697-6500;FAX(317)786-6689 • AMERICAN VILLAGE PROPERTIES, LLC 0 PY February 2, 2001 Via Ref. U.& Mail Ms. Dianna Knoll 1305 Smokey Row Lane Cannel, IN 46033 Re: Town Centre West, Docket No. 184-00 Z Subdivision Committee Meeting Dear Ms. Knoll: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Cannel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC A a Michael R. Speedy Managing Member Enclosures cc: (Laurence M.=Lillig,Jr 2) Ramona Hancock John Molitor, Esq. 4635 Moss CREEK TERRACE—IrmwaAPoLIS,IN 46237 PHONE(317)697-6500;FAx(317)786-6689 • AMERICAN VILLAGE PROPERTIES, LLC ©0 GDY February 2, 2001 Via Reg. U.S. Mail Mr. Wayne Haney 11620 Victoria Court Carmel, IN 46033 Re: Town Centre West, Docket No. 184-00 Z Subdivision Committee Meeting Dear Mr. Haney: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the. development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Carmel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC "I"...4 • cFattaiso00.„ Michael R. Speedy Managing Member Enclosures cc: Laurence_M. Lillig,_Jr.: Ramona Hancock John Molitor, Esq. 4635 Moss CREEK TERRACE-INDIANAPOLIS, IN 46237 PHONE(317)697-6500;Fax(317)786-6689 AMERICAN VILLAGE PROPERTIES) LLC 0 11:1( February 2, 2001 Via Rem U.S. Mail Mr. Ron Houck 315 West 107th Street Cannel, IN 46032 Re: Town Centre West, Docket No. 184-00 Z • Subdivision Committee Meeting Dear Mr. Houck: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Cannel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Cannel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC .P.)44 Michael R. Speedy Managing Member Enclosures cc: (Laurence_M. Lillig, Jr;. Ramona Hancock John Molitor, Esq. 4635 Moss CREEK TERRACE—INDIANAPOLIS,IN 46237 PHONE(317)697-6500;FAX(317)786-6689 S • AMERICAN VILLAGE PROPERTIES, LLC 0 PY it February 2, 2001 Via Ref. U.S. Mail Mr. John R. Sharpe, Sr. 5135 Oriole Drive Cannel, IN 46033 Re: Town Centre West, Docket No. 184-00 Z Subdivision Committee Meeting Dear Mr. Sharpe: We look forward to the opportunity to review our plans for the development of Town Centre West with you at the Carmel-Clay Plan Commission Subdivision Committee meeting on Tuesday, February 6, 2001. At the public hearing on January 16, our land planner, Mr. Randall Arendt, described to you the detailed site plan he has helped us develop. As you know, our goal for this development is to create a"special sense of place." To that end, and in preparation for the committee meeting, we met with staff members and worked on a set of proposed commitments regarding the development of Town Centre West. Laurence Lillig and Scott Brewer provided us detailed comments. We have incorporated their comments into the draft commitments enclosed for your review prior to the Tuesday evening committee meeting. Also, since the public hearing we have met further with the Hamilton County Highway Department and with the Cannel Fire Department to address the topic of secondary access to Town Centre West. Enclosed is a letter from Fire Marshal Gary A. Hoyt, which summarizes his favorable review of the site plan for Town Centre West. We hope that these materials are of benefit to you in preparing for the committee hearing_ and look forward to meeting with you on Tuesday. Very truly yours, AMERICAN VILLAGE PROPERTIES, LLC Michael R. Speed Managing Member Enclosures cc: CLaurence-M:Lilliig,_Jr .Ramona Hancock John Molitor, Esq. 4635 MOSS CREEK TERRACE-INDuINAPOUS, IN 46237 PHONE(317)697-6500;Fax(317)786.6689 • Department of Community Services Memor ,v Eppt`n1!64 To: Laurence Lillig From: Scott Brewer, Urban Forester CC: Michael Speedy,American Village Properties, LLC Date: 02/02/01 Re: Commitments for Town Center West In addition to your comments Laurence, mine are as follows: H. The phrase " using approved soil and water conservation methods" should be inserted after the words"to be installed". This earthen berm should not be constructed in tree preservation areas. J. The phrase " meet the Commission's Bufferyard Design Standards C or D where each is appropriate, including," should be inserted after the words"The Owner further agrees to" K. U.S.421 Overlay requires 8'as the minimum height for evergreens. L. Additionally, approval of the City's Urban Forester. M. The fence should not be continuous for maintenance purposes. Sections should either be off-set with openings to allow the passage of maintenance equipment(ie., mowers),or gated. N. Should be changed to include maintenance requirements for mounds, landscaping, and fencing within these bufferyards in covenants and restrictions. • Page 1 JAN-29 01 07:11 FROM:AMERICAN UIL E 317-786-6689 T0:317 571 2426 PAGE:01 AMERICAN VILLAGE PROPERTIES, F a Via FACSIMILE TRANSMITTAL SHEET 'r"s NOTICE; This message is intended only for the addressee and may Contain information that is privileged, confidential and/or attorney wrk �� If you are not the intended recipient, do not read, co y rroduct: disseminate this message or any attachment. Tf you have received this message in error, please call the sender immediately at (317) 786-6689 and delete all copies of the message and any attachment. Neither the transmission of this message or any attachment, nor any error in transmission or misdelivery shall constitute waiver of any applicable legal privilege. TO: Mr. Laurence M. Lillig,Jr. PLEASE CC: Terry Jones, Scott Brewer, Kelly Hahn COMPANY: Department of Community Services FAX#: (3171 571-2426 FROM: Michael R. Speedy Managing Member 317-697-6500; fax 317-786.6689 Email: mffineedy(a worldnet.att.net DATE: Wednesday,January 31,2001 PAGES: / (Including Cover Page) SUBJECT: DRAFT of Commitments Concerning Use& Development of Real Estate COMMENTS: Laurence: Per our telephone call, we would like to receive and incorporate your comments into a draft distributed to the Subdivision Committee via reg. U.S. mail on Friday morning, February 2, 2001. If possible, it would be a great help to have your comments late tomorrow or first thing Friday. Please call me once you have compiled your department's comments. Thank Cc: Bill Bock,Kroger, Gardis&Regas(w/Att.) American Village Properties,LLC — 4635 Moss Creek Terrace—Indianapolis,IN 46237 Phone(317)697.6500;Fax(317)786-6689 7 *A •ljo RECEIVED• FEB 1 2001 LLI A BOGS T 0 N G ‘< > CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning TRANSMITTAL Date: 1 February 2001 To: Mr. Michael R. Speedy fax: 786-6689 Managing Member American Village Properties, LLC 4635 Moss Creek Terrace Indianapolis,IN 46237 Re: Town Centre West Rezone Commitments (184-00 Z) From: Laurence M. Lillig, Jr. Planning Administrator Department of Community Services One Civic Square Carmel, IN 46032 ph. 317.571.2417 fax. 317.571.2426 • The material you requested ❑ For your information ❑ For review and comment ❑ For approval Mike, Here are my comments on the Commitments draft for Town Centre West. (3 pgs.) • Laurence M. Lillig,Jr. s:\Transmittals\Transmittal.LL ri7 JAN-29 01 07:11 FROM:AMERICAN 411410E 317-786-6689 TO:3' 2426 PAGE:02 1RAT COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE AMERICAN VILLAGE PROPERTIES, LLC, (hereafter, "Owner"), the Contract Purchaser of the real estate located in Hamilton County, Indiana, and described in Exhibit "A" hereto (hereafter, "Real Estate"), makes the following Commitments to the Cannel Plan Commission(hereafter, "Commission"). 1, Description of Real Estate: A_ See Exhibit"A"(Legal Description) Vi[ * B. See Exhibit"B"(Pictorial Description) VEV 1 2141 2. Docket No, 184-00 Z DOGS 3. ,Statements of Commitments.. A. The Owner commits that the Real Estate shall be developed for commercial and multi-family residential use in compliance with the plans filed with the Department of Community Services, and the site plan attached hereto as Exhibit `B" ("Site Plan"), except for such changes and modifications required by the Department of Community Services, the Technical Advisory Committee or other governmental reviewing agencies. B. The Owner further commits to no vehicular connection to the existing road stub 0 called Monitor Lane along the southern boundary of the Real Estate. The Owner further commits that the maximum square footage of commercial space shall be 170,000 square feet and the number of dwelling units shall be290 per- t ed-by-tote-1lesidential-®pen-Spaee.Ordinanee:- Ala y &, e TWA/ D, The Owner further commits that the residential and mixed-use buildings to be constructed on the Real Estate will be of the design and architectural style represented on the drawings attached hereto as Exhibits "C", "D", "E", "F" and 0 The Owner further commits that the elevations of the buildings as depicted in exhibits referenced in Paragraph "D" will`aaelude-a combination-ef brzielc., , ('and-mason ;weed-composite-siding, 1.46-6-7- Ne sr-4jp p S a F. ,Z.c. 23C.9(K) F The Owner further commits to substantially brick for the elevations closest to existing single family along the eastern and southern boundaries of the Real Estate as shown on the Site Plan and seen on the two-story elevation shown in Exhibit G, except for offsets and recessed portions)f said buildings. The-Owner fughermc mmits=tha,-----closer-te-the-Real-EstateLs-boundaries-than-tts-shown-en-therSite-Plaw- ,,,c4,5* -Estate=s-boundaries-than =shown-en-the te-Pl c4, H. Owner on shown on the Site n an earthen landscape berm seven feet in height in the location ("Landscape Berm ) to be installed prior to or Z 1 concurrently with the grading of the Real Estate. .•r Gl L�� L The Owner further commits to construct the base of the Landscape Berm no closer , than four feet to the southern boundary line of the Real Estate. CIRAFT JAN-29 01 07:11 FROM:AMERIC 1 ^;E 317-786-6689 To w71 71. 2426 PAGE:03 , DOART .,,..., A mikilo-ulfrior: The Owner further commits to installing 50 evergreens along the southern• i.,: I ! K boundary of the Real Estate on the southern slope of the Landscape Berm. 0 The Own r further commits to the evergreens referenced in Paragraph J being at Og Zi i _-• �)!c) leas,F �� in height at installation. g 'e i, 3 ke The Owner further commits to use reasonable efforts to work with abutting � G ' "-----landowners to cluster said evergreens in locations at their request. d t / The Owner further commits to install a continuous six-foot shadow-box a rivac (,�i�- 2 -- �,'� fence atop the full len h of the Landscaping Berm connecting 7�se �,-(� (� oot shadow-box privacy fence at the westernmost common boundary of the Real '0"5"0-:1."® ,,� Estate and the Westons Subdivision. �, (�� _,Is �0 ;' The Owner further commits to maintain the fence referenced in Paragraph M to '`�,�e '��•® commercially acceptable standards. -114'%1 O. The Owner further commits to preparing a Tree Preservation Plan to be submitted with the Development Plan showing tree protected zones, including fencing and l 9 v signage saying "Tree Preservation Zone" to be installed prior to commencing land �6�^ .;•' ' disturbance, for designated areas on the Site Plan. 16 �� '( (*, The Owner thither commits to begin constructing and installing the items /v �,s described in Paragraphs J (evergreens) and M (privacy fence) promptly u on completion of the Landscape Berm. p � G v 4. Marlin on Successors and Asci�ens. These Commitments are binding on the Owner y of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These Commitments may be modified or terminated from time-to-time only by a decision of the Commission made after a public hearing after notice as 0 provided by the rules of the Commission. ff&cdve Date. The Commitments contained herein shall be effective upon the-ftnalr ale•adoption and subsequent passage into law of an ordinance by the Common Council of Carmel, Indiana reclassifying the Real Estate from the S-I Residence District Classification to the R-5 Residence District Classification, 6. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these Commitments in the Office of the'Recorder of the Hamilton County, Indiana, following the Effective Date. • 7. En orcement. These Commitments are enforceable by the Commission and the City of Carmel, Indiana. Executed this-_ day of March, 2001. • AMERICAN VILLAGE PROPERTTES,LLC . RAF---T . By: — Michael R. Speedy Managing Member -2- . • ® 1 City of _ armel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2600 January 29, 2001 Via facsimile and Regular U.S. Mail Mr. Laurence M. Lillig, Jr. Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Re: Town Centre West. Docket No. 184-00 Z Dear Mr. Lillig: We met with American Village Properties ("AVP") on January 25th and again reviewed its development plan at their request. The proposed main access point to the development, comprising a four-lane boulevard plus turn lane,provides access, both primary and secondary, comparable to any other multifamily or mixed-use development approved by the City of Carmel in recent memory. We understand that AVP has agreed to grant the Hamilton County Highway Department cross- access easements to the adjoining commercial properties. With these connections, this development's access would exceed that of other comparable developments approved by the City or Carmel. We are also supportive of AVP's efforts to receive approval from the Department of Transportation for a right-in only access at the far north edge of the property. We reviewed the development plan proposed at date hereof for Town Centre West. The site's drive layout and various turning radii do not impose any impediment for Cannel's safety and fire equipment from carefully accessing and serving this community's residents and property. Fire Prevention Saves Lives and Property • S If you have any question regarding this matter,please do not hesitate to contact me. Respectfully, Gary A. Hoyt, Fire arshal Carmel Fire Prevention Division Cc. Jennifer A. Pyrz,P.E. Pflum,Klausmeier and Gehrum Consultants, Inc. Michael R. Speedy, American Village Properties, LLC Steve Broermann, Hamilton County Highway Department File (2) HIV Ai- M E M O R A N D U M 2001 : DATE: January 19, 2001 ".(6- TO: Members of the Carmel/Clay Plan Commission . 7 ' � FROM: Mike Speedy—American Village Properties, LLC RE: Town Centre West, An approx. 33.8 acre, mixed-use development at 11100 Michigan Road in Carmel, Indiana CC: Laurence Lillig Please find attached a traffic impact study prepared by Pfum, Klausmeier and Gehrum. We apologize for any inconvenience caused by not including this in our packet of information regarding the above referenced matter. In addition,I wanted to take this opportunity to briefly address a few issues raised on Tuesday night in relation to our proposed Town Centre West. Comprehensive Plan: • The Comprehensive Plan is the Michigan Road Corridor Overlay Ordinance. • The Overlay Zone "plugged" the gap left by the 20/20 Cornerstone plan by providing a detailed, thorough design-oriented ordinance for the Michigan Road Corridor. • Department of Community Services stated on the record that Town Centre West is consistent with the Comprehensive Plan. • Residential over retail as proposed in Town Centre West will provide more open_space; • ... create a unique town-like atmosphere and is specifically encouraged in the Overlay Zone Ordinance. • Town Centre West will set a new standard for development within the Corridor and provide a substantial benefit to the entire community. Aesthetics Attractive and Neighborly: • View from Michigan Road will have landmark town qualities with a leafy boulevard flanked by structures and the focal point of a traditional streetscape anchored by a village green and courthouse-looking structure. • View from the south will be screened by a seven(7) foot berm, six foot,continuous, privacy fence and a dozens of evergreens. • Significant emphasis on landscaping and conserving trees. Views of the the commercial area will be punctuated by numerous trees around the buildings and throughout the parking area. -• Landscape buffer materials EXCEED Overlay requirements. • S • Setbacks GREATLY EXCEED both Overlay(50 ft. or so) and R-5 (75 ft.)requirements with the average setback being 135 feet against existing single family uses. • Highest rent and largest apartment homes have been located closest to the Westons as requested. • Lease payments support financing a home purchase amount greater than surrounding community. • Proposed density in easternmost 10 acres similar to the adjacent"Village" portion of the Westons which was developed under cluster ordinance. • Secondary access for safety vehicles provided through easements to neighboring commercial properties,through wide 5-lane entry boulevard, secondary entrance and numerous access paths to all structures. • American Village Properties would be BOUND and COMMITTED to an approved detailed development plan that would run with the land. Property Values: • "[T]he anticipated monetary effect of the Town Centre West development,as proposed, on the adjacent housing in the Weston Communities Subdivision . . . is estimated to be NIL (Zero Dollars)." -Reily Burrell II, SRA/MAI • Town Centre West's lease payments will range from$715 to$1,250 with the most expensive homes being nearest to the Westons,at one resident's request. • A monthly payment of$1,250 would support a mortgage amount, at a minimum, of $158,000. A household paying $1,250 per month in lease payments is likely to be able to afford a home valued from$166,000 to $200,000 at a minimum. • Town Centre West's proposal will attract a higher-incomed resident than an owner occupied proposal could, given necessary access through a commercial parcel and the - commercial corridor. Many of TCW's residents will ultimately build or buy in West Clay Township. • Site too deep for 100% commercial use and owner occupied is inappropriate when access gained through commercial uses. • Town Centre West's architect has used substantial amounts of brick and TCW's_wood, masonry composite siding material is top of the line and is installed on a$1.9 Million home in the Villages of WestClay today. • Remonstrators' appraisal is fundamentally flawed and inaccurate. No School Impact: • Upscale communities like Town Centre West do not typically attract many families with school-age children. Please refer to letter from Washington Township officials(Tab 3, Exhibit to Public Hearing). If you have any questions or comments,please do not hesitate to contact me at 697-6500. We look forward to our subcommittee hearing on Tuesday evening, 7:00 PM, February 6, 2001, in the public hearing room. • r 411) • 7 w ,, �' City of C 11*fo 4 in p ''- :-:.7.7:_:',-'" `' DEPT. OF COMMUNITY SERVICES• Stephen C. Engelking Director January 17, 2001 Mr. Joseph A. Grayson, President Westons Home Owners Association P.O. Box 873 Carmel, IN 46032 RE: Application for Board of Zoning Appeals Action Dear Mr. Grayson: The Board of Zoning Appeals has no jurisdictional authority to rule over the Administrative Rules of Procedure of the Planning Commission. This was affirmed by Mr. John R. Molitor, Planning and Zoning Attorney for the Carmel/Clay Board of Zoning Appeals and the Carmel/Clay Planning Commission, during the discussions on Docket #184-00-Z, during the conduct of the Planning Commission meeting on January 16, 2001. Therefore, the matter of the appeal will not be docketed with the Board of Zoning Appeals, and your application is returned without action. Respectfully, >44644 Stephen C. Engelking Director ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 ® • 0 CITY OF CARMEL- CLAY TOWNSHIP ��� OCS' 9,l JJAMILTON COUNTY,INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION REVIEW OF DETERMINATION BY THE DIRECTOR OF COMMUNITY SERVICES DOCKET NO. DATE RECEIVED: 1) Applicant: Weston Place Homeowners' Association. Inc. Address: P.O. Box 873, Carmel, IN 46032 2) Applicant Status: Homeowners' adjacent to proposed"Towne Center West" development 3) State explanation of requested Review of Determination of the Director of Community Services: ' Applicant filed its Petition to Remove American Village Properties' Petition to Rezone from the Plan Commission Agenda for January 16, 2001 for reasons that American Village Properties failed to file a viable petition for consideration at such Plan Commission meeting and public hearing (Petition Attached). Applicant hereby Appeals the subsequent determination of Steve Engelking, Director of the Department of Community Services, refusing to remove the above-described matter(Docket# 184- OOZ) from the Plan Commission agenda(Determination Attached). Whereby applicant respectfully requests that the Board of Zoning Appeals review the determina- tion of the Director of the Department of Community Services to determine whether American Village Properties satisfied the Plan Commission Rules of Procedures at Article VII §§ 2 & 3. Docket No. 184-00Z r- r�E 5, PETITION TO REMOVE NE*,• 5x ,.1+1 AMERICAN VILLAGE PROPERTIES' PETITION TO REZONE FROM DOGS THE PLAN COMMISSION AGENDA Comes now The Westons, a community comprised of 371 homes which abuts American Village Properties' ("AVP") proposed development, and respectfully requests that AVP's Petition to Rezone the parcel in question("the parcel")be removed from the Carmel/Clay Plan Commission agenda for its meeting scheduled for January 16, 2001, for the following reasons: 1. AVP has failed to file a viable petition to rezone the parcel R-5 as required by the Advisory Plan Commission's Rules of Procedure. As a result, the matter has been impermissibly scheduled for public hearing before the Plan Commission on January 16, 2001 and must be removed from the Plan Commission agenda. 2. AVP filed a petition to rezone the parcel from an S-1/Residence District to a Planned Use Development("PUD") District on October 13, 2000 (See Petition, attached). 3. Zoning Ordinance 335 prohibits even the consideration of a PUD West of Springmill Road. Therefore, AVP was required to seek a variance from the Board of Zoning Appeals ("BZA")to allow the Plan Commission to even consider AVP's petition to rezone the parcel to a PUD. 4. On November 27, 2000, the BZA DENIED AVP's request for a variance. The BZA's denial prohibited AVP from seeking consideration of its petition to rezone the parcel as a PUD. (See BZA Findings of Fact, attached). Accordingly, AVP's petition to rezone became null. 5. On December 15, 2000, AVP sought to amend,by letter, its PUD petition to rezone, which had already formally been denied and was void, in order to seek a new zoning designation for the parcel (See AVP's letter, attached). 6. The new zoning sought by AVP is materially different from that sought by its original denied rezone petition and therefore requires a new petition, which has not been made. 7. Not the rules of procedure,nor any ordinance or statute allows a petitioner to resurrect a denied petition by simply "revising" or amending it to request a wholly new and materially different rezoning designation. 8. Article VII §2 requires AVP to file a petition regarding its request to rezone the parcel to 1 0 • R-5 "at least sixty (60) days prior to a regularly scheduled meeting." If AVP is allowed to amend or revise its denied petition,the effect will be that the new matter will placed on the Plan Commission agenda significantly sooner than is permissible and without the assessment of the filing fees required under Article VII §3 (See applicable rules, attached). 9. AVP must be held to the same clear rules of procedure as all other similarly situated petitioners. For the foregoing reasons we respectfully request that American Village Properties' request for rezone be taken off of the Plan Commission agenda for its meeting scheduled on January 16, 2001 and that American Village Properties be required to file a new petition to rezone the parcel to R-5, should it desire to have such matter heard by the Plan Commission in the future. Respectfully Submitted, 903,7„,( ..4r047.4,-- Joseph Grayson, President Westons Home Owners Association • 2 11•;.t OF Cq I City of os i sy `�.I°-" G941) DEPT OF COMMUNITY SERVICES .<z Stephen C. Engelking Director January 10, 2001 Ms. Stephanie Veach, Chair Community Affairs Committee Weston Place Homeowner's Association, Inc. P.O. Box 873 Carmel,IN 46032 Re: Town Centre West Rezone Petition Scheduled for Public Hearing Before the Plan Commission on January 16, 2001 (Docket# 184-OOZ) Dear Ms. Veach: This responds to your letter_dated:January.10, 2001 in which you discuss concerns related to the filing of the above referenced petition. The Docket item described will not be removed from the agenda of the Plan Commission meeting scheduled for January 16, 2001. The petitioner had filed a concurrent application for Rezone with both the Plan Commission, and a request for variance with the Board of Zoning Appeals. Your statement of action by the Board of Zoning Appeals is correct,but that action in and of itself does not rise to the level of rendering the rezone action"null". The action to deny the variance is separate and apart from the actions of the Plan Commission. It simply meant that the petitioner would have to decide if there was a different direction they wanted to explore. Petitioner sought an administrative determination of me as the Department Director as to the propriety of amending the Plan Commission rezone application from PUD to R-5. That request was acted upon favorably. As for your reference to the sixty-(60) day filing of a rezone application prior to a regularly scheduled meeting,the Department has determined that requirement to have been met through the filing of the original rezone application. The salient matter here is that the Department, following our decision to allow the administrative change from PUD to R-5, required the petitioner to meet the Statutory requirements for notification of affected property owners not less than 25 days prior;to any desired Hearing date. The petitioner was able to satisfy that requirement and therefore is entitled to be on the agenda for.January 16, 2001.. . . ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 V •' I trust this is helpful to your understanding of the circumstances. Respectfully, avappr Ste. en C. Engelkin Director cc. Mr. John Molitor, Esq Mr. David Cremeans Mr. Laurence Lillig, Jr. ,; JAN-12-2001 FRI 03:58 PM 0t4 HENKE & WHEELER FAX NO. 317 35385 P. 01 �,'F h COOTS,HENKE & WHEELER /.. y i� %� Attorneys at Law o O \1 �' G3CC�_ J ,�'. ��'� 255 East Carmel Drive ��1N 1 2001 _ �� � � �. Carmel, Indiana 46032-2634 DOGS , *41� ���� `�/ Telephone: 317-844-4693 :!�. 0( �, Facsimile: 317-573-5385 �:� --s�' `, lei; ! FACSIMILE TRANSMITTAL COVER SHEET DATE: January 12, 2001 / Pages,Including Cover Sheet / 2 TO: St7, ve gelking f , e --�' COMPANY: (f1 A4 / r/ c (/ 7 FAX NO. 571-2426 �-t- ' - , , ,,,,Arte-':,(,,,g4____,, FROM: E. Davis Coots -1 / i SUBJECT: Fred Fehsenfeld,Jr. . cr- COMMENTS: Please find our attached letter and call me with a y questions or comments. Thank you. Will be sent via Regular Mail BARD COPY Will be sent via Overnight Courier X Facsimile Communication Only CONFIDENTIALITY NOTICE: This cover sheet and the materials enclosed with this transmission are the confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use,benefit,and information of the intended recipient indicated above. If you are not the intended recipient,you are hereby notified that any review, disclosure, distribution, or the taking of any other action in reliance upon the contents of this transmission is strictly prohibited and may result in legal liability on your part. If you have received this transmission in error,please notify the sender at the above telephone number and arrange for return of the original transmission, without retaining a copy, to the sender at the address above, at sender's expense. OUR FILE NO.: 13167 M:1 W I.1\FAXCOVER\engetsn.wpd JAN-12-2001 FRI 03:58 PM CAS HENKE & -WHEELER FAX NO. 31 735385 P. 02 • loots Henke \TVIhee1er vaosimmon J , n i K DAVIS COO January 12,2001 REVVED STEVEN I1.,111NK)? AN 12 2001 JAMES K.WHEELER* Steve Engelking DOGS T.JAY CMS Department of Community Services /r/ JAMI.S D.CNIIM One Civic Square ■ Cannel,IN 46032 Y� JEFFREY S.7.11,1,5 EI.IZAIIL++•111 1.VAN TASSEL JANICE R.MANIII,A* RE: Fred Fehsenfeld,Jr. MAI rUEwL.1IINKI.11 Our File No.: 13167 SI.N61101R A.MANNS J.KA•I1II15'N JENKINS DANIEL E.Cows Dear Mr. Engelking: *CRII'III 1111)MRUTA'I'OR ' I represent the interest of Mr. and Mrs. Fred Fehsenfeld who reside at 4415 West 116th Street,property immediately adjacent and north of the thirty-four(34) acre tract fronting on U.S.421/Michigan Road that American Village Properties seeks to rezone S-1 to R-5 Planned District. Mr.and Mrs. Fehsenfeld join the remonstrance of the residents bordering the south boundary of the property for the reason that the Planned District is too dense,inconsistent with the existing permitted uses surrounding the subject site and dramatically impacts surrounding properties as to property value,quality of life, visual,light and noise pollution as well as an inappropriate rezone in a.strictly residential environment. Seven(7)years ago Mr. and Mrs.Fehsenfeld obtained a Special Use from the Cannel Board of Zoning Appeals to construct a lake on their property and thereafter constructed their single family residence in part because of the density regulations in effect(one(1)acre one(1)home). They were aware of and support the Michigan Road Overlay Zone for commercial use and do not take issue with the applicants effort to rezone that portion of the subject tract that is in the Overlay Zone. The objection however is the applicant's effort to rezone the balance of the property that would permit multifamily in an area of single family residences that could be built forty-five(45)feet high and as many fifteen(15)dwelling units per gross acre on property in the R5 district that is not used for commercial purposes. , Multifamily on this tract would detrimentally affect surrounding single family residences by lowering the quality of life due to increased light pollution, 255 East Carmel Drive Carmel,Indiana 46032-2689 317-844-4693 FAX:317-573-5385 • JAN-12-2001 FRI 03:59 PM CrAS HENKE & WHEELER FAX NO. 317 35385 P. 03 TIP January 12,2001 Page 2 Letter to Steve Engelking • noise,non-owner occupancies,visual obstruction and the general inappropriateness of high density apartments adjoining low density residential zones. • In conclusion,we do not object to the commercial aspect of the project within the Michigan Road Overly Zone. We stridently object to the proposed planned development for multifamily residential use and would ask the Commission deny the application. Very truly yours, COOTS,HENKE&WHEELER,P.C, 4:406/./ E. Davis Coots EDC:wlt cc: Fred Fehsenfeld Tom Mattix • • d��'� ii'' `1 °FCA2j`�.> " �a City of G-j!'', DEPT. OF COMMUNITY SERVICES Stephen C. Engelking Director January 10, 2001 Ms. Stephanie Veach, Chair Community Affairs Committee Weston Place Homeowner's Association, Inc. P.O. Box 873 Carmel, IN 46032 Re: Town Centre West Rezon, 'etition Schedules • • _ elic Hearing Before the Plan Commission on January 16, 21101 (Docket# 184-OOZ) Dear Ms. Veach: This responds to your letter dated January 10, 2001 in which you discuss concerns related to the filing of the above referenced petition. The Docket item described will not be removed from the agenda of the Plan Commission meeting scheduled for January 16, 2001. The petitioner had filed a concurrent application for Rezone with both the Plan Commission, and a request for variance with the Board of Zoning Appeals. Your statement of action by the Board of Zoning Appeals is correct, but that action in and of itself does not rise to the level of rendering the rezone action"null". The action to deny the variance is separate and apart from the actions of the Plan Commission. It simply meant that the petitioner would have to decide if there was a different direction they wanted to explore. Petitioner sought an administrative determination of me as the Department Director as to the propriety of amending the Plan Commission rezone application from PUD to R-5. That request was acted upon favorably. As for your reference to the sixty-(60) day filing of a rezone application prior to a regularly scheduled meeting, the Department has determined that requirement to have been met through the filing of the original rezone application. The salient matter here is that the Department, following our decision to allow the administrative change from PUD to R-5,required the petitioner to meet the Statutory requirements for notification of affected property owners not less than 25 days prior to any desired Hearing date. The petitioner was able to satisfy that requirement and therefore is entitled to be on the agenda for January 16, 2001. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 I trust this is helpful to your understanding of the circumstances. Respectfully, • Ste en C. Engelkin ' 417 Director cc. Mr. John Molitor, Esq Mr. David Cremeans Mr. Laurence Lllig, Jr. Weston Race Homeowner's Associa• tion Inc. P.O. Box 873 Carmel, IN 46032 Janua ry 10, 2001 ail Mr. David Cremeans, President � Carmel/Clay Plan Commission City of Carmel % L' I One Civic Square Carmel, IN 46032 Mr. Lawrence M. Lillig, Jr. Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Mr. Steve Engelking Director Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Mr. John R. Molitor Carmel/Clay Plan Commission Attorney 11711 North Meridian Street, Suite 200 Carmel, IN 46032 Re: Town Centre West Rezone Petition Scheduled for Public Hearing Before the Plan Commission on January 16,2001 (Docket# 184-OOZ) Dear Gentlemen: Attached for filing please find The Westons' Petition to Remove American Village Properties' Petition to Rezone from the Plan Commission Agenda for its meeting scheduled Tuesday, January 16, 2001. Please contact the undersigned with any questions or concerns. Thank you in advance for your prompt consideration of our petition. FI • January 10, 2001 Page 2 Very truly yours, Stepheme Veach Chair, Community Affairs Committee, WHOA (317) 733-9129 SSV:s Enclosures • • • Docket No. 184-OOZ /�� ! `. PETITION TO REMOVE AMERICAN VILLAGE PROPERTIES' - `A 2001 PETITION TO REZONE FROM THE PLAN COMMISSION AGENDA \ %;. Comes now The Westons, a community comprised of 371 homes which abuts American Village Properties' ("AVP")proposed development, and respectfully requests that AVP's Petition to Rezone the parcel in question("the parcel") be removed from the Carmel/Clay Plan Commission agenda for its meeting scheduled for January 16, 2001, for the following reasons: 1. AVP has failed to file a viable petition to rezone the parcel R-5 as required by the Advisory Plan Commission's Rules of Procedure. As a result, the matter has been impermissibly scheduled for public hearing before the Plan Commission on January 16, 2001 and must be removed from the Plan Commission agenda. 2. AVP filed a petition to rezone the parcel from an S-1/Residence District to a Planned Use Development("PUD") District on October 13, 2000 (See Petition, attached). 3. Zoning Ordinance 335 prohibits even the consideration of a PUD West of Springmill Road. Therefore, AVP was required to seek a variance from the Board of Zoning Appeals ("BZA") to allow the Plan Commission to even consider AVP's petition to rezone the parcel to a PUD. 4. On November 27,2000,the BZA DENIED AVP's request for a variance. The BZA's denial prohibited AVP from seeking consideration of its petition to rezone the parcel as a PUD. (See BZA Findings of Fact, attached). Accordingly, AVP's petition to rezone became null. 5. On December 15, 2000, AVP sought to amend,by letter, its PUD petition to rezone, which had already formally been denied and was void, in order to seek a new zoning designation for the parcel (See AVP's letter, attached). 6. The new zoning sought by AVP is materially different from that sought by its original denied rezone petition and therefore requires a new petition, which has not been made. 7. Not the rules of procedure, nor any ordinance or statute allows a petitioner to resurrect a denied petition by simply "revising" or amending it to request a wholly new and materially different rezoning designation. 8. Article VII §2 requires AVP to file a petition regarding its request to rezone the parcel to 1 S • R-5 "at least sixty (60) days prior to a regularly scheduled meeting." If AVP is allowed to amend or revise its denied petition, the effect will be that the new matter will placed on the Plan Commission agenda significantly sooner than is permissible and without the assessment of the filing fees required under Article VII §3 (See applicable rules, attached). 9. AVP must be held to the same clear rules of procedure as all other similarly situated petitioners. For the foregoing reasons we respectfully request that American Village Properties' request for rezone be taken off of the Plan Commission agenda for its meeting scheduled on January 16, 2001 and that American Village Properties be required to file a new petition to rezone the parcel to R-5, should it desire to have such matter heard by the Plan Commission in the future. Respectfully Submitted, /..fL�j�L Joseph Grayson, President Westons Home Owners Association 2 • XNMERIC N VILLAGE PROPERTIES, LLC copy January 5, 2001 Via Regular U.S. Mail Kent M.Broach, Esq. Wooden&McLaughlin Q `� 1600 Capital Center South ( i REED 201 North Illinois Street I-_! , Indianapolis, IN 46204 JAN 8 2001 DOGS Re: Town Centre West. Docket No. 184-00 Z /, Dear Mr.Broach: On Tuesday, January 16, 2001, we will present to you Town Centre West a proposed mixed-use development for a 34-acre parcel located within the Michigan Road Corridor Overlay Zone at 11100 Michigan Road. Enclosed is a booklet containing plans, images and diagrams highlighting our proposed development. American Village Properties, LLC has requested a Zone Map Change to an R-5 (Planned District)zoning classification from an S-1 Residential District for the Michigan Road parcel. The enclosed images reflect our plans to deliver a unique, upscale, commercial and residential development that enhances the community and serves as the model for future development under in the Michigan Road Corridor Overlay Zone. Our plans incorporate the award winning traditional architecture of Looney Ricks Kiss, high quality materials, tasteful signage and the land planning direction of nationally acclaimed land planner, Randall Arendt. We believe the result will be a landmark development that underscores Cannel's reputation for excellence in planning and development in the Corridor. In addition, we look forward to describing for you our efforts in working with neighbors in the adjacent Villages of Weston. Multiple meetings with the neighbors, Highway Department and staff of the Department of Community Services have resulted in significant refinements to our plans, including preservation of existing woodland, expansive buffer areas, and the potential elimination of vehicular connection to the Westons at Monitor Lane. Some of the progress made through working with the staff and neighbors can be seen through comparing the Conceptual Land Use Plan (dated August 2000) with the Conceptual Development Plan (dated December 2000) - these documents are the initial two 11" by 17" diagrams contained in the enclosed booklet. A sequence of correspondence with the Hamilton County Highway Department is also enclosed. I look forward to introducing some of our development team to you on January 16, 2001. If you have any question please do not hesitate to contact me at 697-6500. Very truly yours, �.� RICAN VILLAGE PROPERTIES,LLC / . Michael R. Speedy Managing Member Enclosure Cc: Laurence M. Lillig f 4635 Moss CREEK TERRACE-IND1AN POWS,IN 46237 PHONE(317)697.6500;FAx(317)786-6689 ;#1, 12/27/00 12:46 FAX HAMILTON CO HWY. -+-+-' Carmel DOCD al 002/002 , gam so.C/tV.:-------' .------••••..‘,7v ed0 ---- 6-\(°,_, _n ny (4)),; (seD 1/. �-d( �. 1:1.,.�ri. ��_� :; �I i i i ,��� .i I!' .i`� ;lit!, e�("��i /i, z —, i is ( \ ,,L J/ ) (1,Val,§6.4.. (,... iv••— ',,,,, _...--, Lb--- 7,.....7,„-- I RCS c a NED December 27,2000 !� - i DEC. 21 2000 -1 Mr. Michael R. Speedy American Village Properties DOCS \ 4835 Moss Creek Terrace : Indianapolis, Indiana 48237 __ - RE: 1110,Block of Michigan Road-Towne Centre West Rezone and Preliminary Development Plan N of 1066'Street/E of Michigan Road Clay Township Dear Mr. Speedy: This letter is intended to serve as a clarification to item#3 contained in a letter dated October 18,2000 that was addressed to you concerning the above mentioned project. The comment was as follows: 3. The connection to Monitor Lane, located within the Westons Subdivision,will not be required to be made provided that an easement is shown to allow connection to the adjoining properties. As you know, Monitor Lane is an existing street which stubs to the south property line of the proposed American Village Properties(AVP)development known as Towne Centre West. Under the current Mixed Use development scenario,we are not requiring the connection to be made to Monitor Lane at this time or at any other time in the future. What we are requiring of AVP is that an easement be provided to allow for future connection to adjoining commercial and residentially zoned property which fronts Michigan Road(US 421). If you have any comments or questions regarding this letter or project, please feel free to contact me at any time. Thank you for your attention and cooperation. Since ly, f$11:/ ..,4obrosa, even J.Broermann Staff Engineer cc: Laurence Lillig,Jr. G.IUSEREMEATAC11247-00.ea.wpd 1717 PLEASANT STREET NOBLESVILLE,INDIANA 48060 (317)773-7770 ;. 12/27/00 12:45 FAX HAMILTON CO HWY. ->+- Carmel DOCD I]001/002 • • G,,�1If 0,� fl .� � ,aRTy6',y ......c. G)(:::() .. ,..›,-- -- ' • :(1\\--r(r.‘"'t (.-MC 1 ' . (0/ ---X1/4-e--.N.T.) --..- -" '- -7..'1---:- '''.. i' \ 0 ,'" , -;f,I,.,• rA�t`, ,i(- 1`l`J-: -).'� •1- q,7( : ' I,..1 '4.." 'ii./J . / r gCISJ�/ D ,' II1�.f l sJ ea `` ,1. LC J r ` UVL�� r 1 ;� (e----\,14. ` -`G) c'�= ',' DEC. 7 2QG'0■ llFAX TR.ANSKTTAIa SHEET \` #PAGES (INCLUDING COMER SHEET) : ( _) DATE:/I/27, 2000 TO: 1.01414 1 1 COMPANY- .____.. _ TITLE: FAX#: ( 1_,_ FROM: 5-r," vC I3 R•du o►..1 "..) .._ FAX#: (317) 776-9814 'i rnLE: SUBJECT: ?t 641 6 his RE‘70.V.1 TIri fRWvVo� r CAlcartXI �4✓,4 T4 Is Rosecr /4pA r��c . // ----- NS 04-21-97.A 1717 PLEASANT STREET NOBLESVILLE, INDIANA 46060 (317)773-7770 0 From: Lillig, Laurence M Sent: Monday, December 18, 2000 11:46 AM To: Engelking, Steve C; Jones, Terry J Cc: Hancock, Ramona B Subject: Town Centre West Rezone We have received a fax from Mike Speedy of American Village Properties requesting to amend their Rezone petition from a request for PUD/planned unit development district to a request for an R-5/residence district (planned district). Assuming that re-notice is made in a timely fashion, the Public Hearing on this matter will be scheduled for January 16, 2000,with the DP/ADLS aspects of the petition being pursued later. LAURENCE M LILLIG, )R. PLANNING ADMINISTRATOR CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE CARMEL IN 46032 317.571.2417 317.571.2426 (FM) LULLIG @CLCARMELIN.US I r t4:' ® f Carme � 0ii DEPARTMENT OF COMMUNITY SERVICES 18 December 2000 Mr. Michael R. Speedy Managing Member American Village Properties,LLC /).7 4635 Moss Creek Terrace 1 RECs��b D Indianapolis, IN 46237 -' DEC 18 2000 DOCS re: Town Centre West Rezone Petition(184-00 Z) ��> via U S.Mail&facsimile: 786-6689 (3 Dear Mr. Speedy: I have had the opportunity to confer with Steve Engelking and John Molitor regarding the Residential Open Space density calculation as it applies to mixed residential and commercial use in the R-5/residence district. The Department's determination is that the density is calculated based on the gross acreage to be developed for residential use rather than the total acreage of the site or district. Similarly, any minimum percentages required under the Residential Open Space Ordinance would be calculated using the acreage to be developed residentially rather than based on the total acreage of the district. If you have questions regarding these comments please contact me at(317) 571-2417. Thank you for your time and consideration. Sincerely, 401 " Laurence M. Lillig, Jr. Planning Administrator Department of Community Services cc: Stephen C. Engelking, Department of Community Services John R. Molitor, Carmel/Clay Plan Commission Attorney Page 1 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 t Lillig, Laurence M y� From: Lillig, Laurence M REMOVED Sent: Monday, December 18, 2000 1:39 PM DEC 18 2000 To: John R. Molitor(E-mail) , Cc: Engelking, Steve C; Jones, Terry J ,� DOCS Subject: Town Centre West Rezone(184-00 Z) John, Terry Jones and I recently had a meeting with Mike Speedy of American Village Properties regarding their intention to amend their Rezone application from a request for PUD/planned unit development to a request for R-5/residence district (planned district). During our conversation, Mr. Speedy inquired as to how the density calculation for the residential use would be accomplished. Terry and I advised him that the calculation would apply solely to the project acreage being developed residentially, and that the acreage being developed commercially could not be utilized to increase that density. Mr. Speedy pointed out to us that the ordinance speaks to the "gross acreage," and that this language would suggest that the entire acreage of the site should be used in the density calculation, regardless of the fact that 25%-50% of that acreage would be consumed by commercial development. Our response was that, in the case of the R-5 district (where a mix of commercial and residential uses is encouraged), "gross acreage" is interpreted as 'gross acreage being developed residentially.' It is my understanding of the Residential Open Space Ordinance that "gross acreage" means the total acreage before the dedication of rights-of-way, public land, etc., and that the interpretation that the Department is applying in this instance is completely in line with the purpose and intent of ROSO. Bearing that in mind, I would like your input regarding the following memo I have composed to Mr. Speedy: Dear Mr. Speedy: I have had the opportunity to confer with Steve Engelking and John Molitor regarding the Residential Open Space density calculation as it applies to mixed residential and commercial use in the R-5/residence district. The Department's determination is that the density is calculated based on the gross acreage to be developed for residential use rather than the total acreage of the site or district. Similarly, any minimum percentages required under the Residential Open Space Ordinance would be calculated using the acreage to be developed residentially rather than based on the total acreage of the district. LAURENCE M. LILLIG, JR. PLANNING ADMINISTRATOR CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE CARMEL, IN 46032 317.571.2417 317.571.2926 (FAX) LULUG @CI.CARMEL.IN.US 1 Litlig, Laurence M From: John R. Molitor[johnrmolitor©prodigy net] Sent: Monday, December 18, 2000 2:59 PM • To: Litlig, Laurence M /. Cc: Engelking, Steve C; Jones, Terry J `;' a Subject: RE: Town Centre West Rezone (184-00 Z) --! RECENED c-"\ DEC 18 2000 I agree with the content of your letter. DOGS 431 Only concern I have is whether this letter would then constitute a ` i \ "determination" by staff under IC 36-7-4-918.1 and thus be appealable to the BZA. I do not think that this is a Department decision; I would characterize it as an interpretation of the ordinance pursuant to the advice of counsel. However,just to avoid the issue, I would not use the phrase "The Department's determination" but would instead suggest that you state that "counsel has advised the staff that" or other words to that effect. On the other hand, if we WANT this issue before the BZA, then Steve should probably pen the letter and state specifically that it is a Director's decision that can be appealed to the BZA. John Original Message From: Litlig, Laurence M [mailto:LLillig @ci.carmel.in.us] Sent: December 18, 2000 1:39 PM To: John R. Molitor(E-mail) Cc: Engelking, Steve C; Jones, Terry J Subject: Town Centre West Rezone (184-00 Z) John, Terry Jones and I recently had a meeting with Mike Speedy of American Village Properties regarding their intention to amend their Rezone application from a request for PUD/planned unit development to a request for R-5/residence district(planned district). During our conversation, Mr. Speedy inquired as to how the density calculation for the residential use would be accomplished. Terry and I advised him that the calculation would apply solely to the project acreage being developed residentially, and that the acreage being developed commercially could not be utilized to increase that density. Mr. Speedy pointed out to us that the ordinance speaks to the "gross acreage," and that this language would suggest that the entire acreage of the site should be used in the density calculation, regardless of the fact that 25%-50% of that acreage would be consumed by commercial development. Our response was that, in the case of the R-5 district (where a mix of commercial and residential uses is encouraged), "gross acreage" is interpreted as'gross acreage being developed residentially.' It is my understanding of the Residential Open Space Ordinance that "gross acreage" means the total acreage before the dedication of rights-of-way, public land, etc., and that the interpretation that the Department is applying in this instance is completely in line with the purpose and intent of ROSO. Bearing that in mind, I would like your input regarding the following memo I have composed to Mr. Speedy: Dear Mr. Speedy: I have had the opportunity to con ith Steve Engelking and John Molitor regarding the Residential Open Space density calculation as it applies to mixed residential and commercial use in the R-5/residence district. The Department's determination is that the density is calculated based on the gross acreage to be developed for residential use rather than the total acreage of the site or district. Similarly, any minimum percentages required under the Residential Open Space Ordinance would be calculated using the acreage to be developed residentially rather than based on the total acreage of the district. Laurence M. Lillig, Jr. Planning Administrator City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 317.571.2417 317.571.2426 (fax) Ilillig @ci.carmel.in.us 2 • U�\ CSO Architects Engineers&Interiors LETTER OF 9100 Keystone Crossing,Suite 200 30 Monument Circle Indianapolis,Indiana 46240 Indianapolis,Indiana 46204 T R A N S_IVI_I TT A L 317.848.7800 fax 317.574.0957 317.229.7000 fax 317.229.7010 [north] [downtown] www.cso arch.com (:-71 *1‘) °" TO: Department of Community Services DATE: 12/18/00 .00 cs �'DDD l One Civic Square PROJECT NO.: 20400 �. Carmel, IN 46032 RE: Town Centre West ■ ATTN: Mr. Lawrence Lillig WE ARE SENDING YOU: ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Addendum ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Application for payment ❑ other COPIES DATE DES. RIPTIC N 3 12-18-00 Copies of the Conceptual Development Plan 3 . 12-18-00 Copies of the Open Space Plan THESE ARE TRANSMITTED: ❑ For approval ❑ Reviewed as submitted ❑ Resubmit for approval ® For your use ❑As noted ❑Submit for distribution As requested ❑ Revise and Resubmit ❑ Return corrected prints ❑ For review and comment ❑ Rejected ❑ other REMARKS: Mike Speedy Requested that I forward these plans on to you regarding the Town Centre West project. Please let me know if you have any questions or concerns regarding the drawings. CC: file-20400 Greg Snelling BY: Kevin Foster IF ENCLOSURES ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE. AMERICAN VILLAGE PROPERTIES, LLC December 15, 2000 Via facsimile and Regular U.S. Mail Mr.. Laurence M. Lilig, Jr: 'r Planning Administrator Department of Community Services City of Carmel '>> inc�u - __ _ One Civic Square _- - - - - -- - - , - ' - Carmel, IN 46032 ''tO Re: Town Centre West, Docket No. 184-00 Z Dear Mr. Lilig: We are writing to request that you please revise American Village Properties, LLC's application for Zone Map Change to reflect an R-5 (Planned,District) zoning classification from a Planned Unit Develop ment district. We are also requesting to be put on the agenda for the Plan Commission's regular meeting Tuesday, January 16, 2001. Thank you for your assistance in this matter. If you have any question please do not hesitate to contact me at 697-6500. Very truly yours, . AMERICAN VILLAGE PROPERTIES, LLC Michael R. Speedy A#7/44114 Managing Member 4635 Moss CREEK TERRACE-INDIANAPOLIS, IN 46237 PHONE(317)697-6500;Fax(317)786-6689 11/21/2000 13:36 6313958 SHAPIROS PAGE 01 SIIHAIDWC9S a ( Established 1905 MAX SHAPIRO, INC. THE SHAPIRO FAMILY, INC. 80850.Meridion St. 2370 West 86th Street Indianapolis, IN 46225 Indianapolis, IN 46260 631-4041 872-7255 November 21,2000 c' Mr. Lawrence Lilly Department of Community Services R( CI5GVIEDD City of Carmel NOV 21 2000 One Civic Square IN 46032 DOCS Fax#571-2426 Dear Lawrence: Enclosed is a table that I have composed indicating the deficiencies of the American Village Properties proposed apartments on Michigan Road. I am very concerned that American Village Properties is trying to short circuit the process and avoid the hundreds of hours that were dedicated to the Michigan Road Overlay Zone. Apartments are a permitted use in the Overlay Zone,however,they are required to have the same standards as everyone else. I am concerned that legal maneuvering is going to destroy the clear intent of the people that live in the Michigan Road Overlay area. On a personal note, I met with the developer and his lawyer and both of them assured me that their product would exceed the standards of the Michigan Road Overlay Zone and that the Overlay Zone was not an issue. In fact,they said that the apartments would look much better than the Gibrahar Apartments that are currently under construction on Westfield Blvd. Unfortunately,this is not the case and the table clearly illustrates the shenanigans that we have avoided since the Michigan Road Overlay Zone was put into place. I request that this letter'and my tables be entered into the record and be given to each board member of the BZA and of the plan commission. Sincerely, i Brian J. S =•iro "A Tradition of Excellence 11/21/2000 13:36 6313958 SHAPIROS PAGE 02 • •• I C4 rdt CA 8 8 8 W A Is.) A W (p W t➢ a. tr. a- c C, nTf3S n !p1. n el 0 0 co o 00 @ 01 w CA LA -1 ■1 -a Oh O+ w N a v t a e i 8 _ ...> N r. r... I. a t:1 ir,,, g) * n § § q eto (1 '5' a S a - � � d `� " @ 00 qm la C4 il e.: z i a i G O G . a a M g, .. kgy 56... b., 6« 1 1 IAto Iirk co a ~' ta. ' w a — :1 §.. g QF cr g1 � 2 N LI % V li- PI ....., i po 0 V`2 y a 5 b W 01 a N "'' ry ►'a n-1 'y M frog N 1, g80 o g � i. d � w p. K F 0.i zss, n t c �S w " c," v' 4 cn a� 0 " 4 i .61. 8-0111 g `� a. E N m o gU R, A ;, � to . A cr. v co' 0 i • P th O 11/21/2000 13:36 6313958 SHAPIROS PAGE 03 ® • • ` C4 C4Z ,� N z W (AN W W ig o o wO 8 c. 0c7 ?. n O O _;1 0.. gN Vn Gn r) 8 0 0 p N f) A W 00 oe N� O 0-- o W W •• b W . N • • r. r 41 O s A 0 o ao g N En fIHII lo `2 a ,� cm � CD " g 9. -la Id a y 0 y b ►q y mt b y iFn+ 0• ai I V 4 00 V• -.1 W ts., Li 8 R tis 8 F 1..R:r g' F. & I pi.6.. 4.*- P. ›. or §. 9 gr. s I. I g tiv°41Egg Ei: R a cn t 3 c " yB p. E.i1 S A 00 , N _.....z z z N z o‘ A ON 00 z l 4 rt ill a res V Z Q 0 O O O G P-1 (�'9 ° 8 0 0 0 i r 09 gr.N ZfiFii F I 0 ar .r O fl "O, E 01 n R `6 a C!• • .'3 a. 54 5 0 W,� E. • ti Department of Community Services Memo E tics- '• Lois/T4i FLT To: Laurence Lillig FAX> l Ufo Ltd S From: Scott Brewer O 1 /7/ CC: Paul Reis, Reis Law Firm Mike Speedy,American Village Properties Date: 11/19/00 Re: Town Center West PUD(184-00, 185-00) These comments concern the PUD Ordinance and Landscape Site Plan submitted November 3, 2000, by American Village Properties: Town Center West PUD Ordinance: 1. Section 6.3.A These yards appear to be adequate for this development according to the plan submitted November 3,2000. 2. Section,8.2.0 "... landscaping in the Commercial Areas I and II shall occur per ADLS Site Plan", should be changed back to "... landscaping shall occur per the Commission's Bufferyard Guidelines (found in Carmel's Zoning Ordinance Appendix A)." The current site plan does not show adequate landscaping for the perimeter areas. PUD Ordinance needs to define the standards to be followed. 3. Section 8.3.B i Shade trees—diameter size of"one and one-half(1 '/2)"needs to be changed back to the standard"two and one-half(21/2)". 4. Section 8.3.B ii "... twenty (20) spaces" needs to be changed back to the standard "six (6) spaces". A reduction to twenty from six parking spaces would represent landscaping at less than one-third the overlay ordinance standard. An option may be added to substitute one(1)shade tree for the five(5)shrubs required for plantings within the interior of parking lots. 5. The standard for Parking Lot Perimeter Plantings found in earlier PUD submittals and in the 421 Overlay Ordinance (Section 23C.10.3.5b) requiring a six (6) foot strip for tree planting has been removed. The requirement must be reinserted into the PUD Ordinance. 6. Section 8.4 B The phrase"It shall also include the removal of all stakes and guy wires after one year"shall be inserted as the last sentence. • Page 1 • t� ® • Town Village West landscape plan 1. Sideyard buffering requirements must be shown on the plan. Any preservation of existing trees or fencerows used to fulfill these requirements must be shown on the plans with a limit of construction line and tree preservation details including, but not limited to, location of tree protection fencing. 2. Commercial Areas I and II require a six foot strip for planting on the perimeter of the parking lots. This strip and the required plantings are not on the plans. These plantings need to be added. 3. The mounding shown along the south perimeter helps to mitigate the buffering requirements, but more trees need to be added along the south perimeter. At least twenty-two (22) trees must be added within the residential section, and at least twenty-two (22) trees must be added within the commercial and mixed-use sections that border residential properties. These trees should be divided between evergreen and shade tree species, but may be one and one half(1 1/2) inches in diameter(measured six inches above the root flare). 4. The north perimeter does not show adequate buffering requirements. Existing trees and fencerows to be preserved to fulfill buffering requirements, must be shown on the landscape plans. If existing trees are not preserved to fulfill buffering requirements, plantings must be added to fulfill these requirements. 5. Austrian Pine (Pinus nigra) is listed on the plant schedule. This plant is not acceptable due to pressure from insect and disease pests. Acceptable alternatives could include Douglas Fir or White Fir. 6. Within the residential area east of the detention pond, the planting of large shade trees need to be increased. Only ornamental species are shown on the plan in that area. Shade tree plantings should added to the parking lot island,the perimeter of the parking area, or a combination of both. 7. For final ADLS landscape plan approval, the plan must include planting details, a complete plant schedule with quantities, and labeling of individual plants. These are not shown on the current submittal. . •Page 2 ® • Department of Community Services Post,-ii)t®Fax Note 7671 Date/Vid, Ip ages -- To ep From � �� m o Co./Dept. Co. �MPI�rGan Urll4. �. Phone# Phone# Fax# 7 //' cr Fax# To: Laurence Lillig (f� From: Scott Brewer CC: Paul Reis, Reis Law Firm Post-it®Fax Note 7671 Date/oh, pages 2. Mike Speedy,American Village Properties To „a 51 0 E- From Co./Dept. 1L / pGc'tS 4,4w 42,11 Co. Date: 11/19/00 Phone# Phone# Re: Town Center West PUD(184-00, 185-00) Fax# F /i Fax# These comments concern the PUD Ordinance and Landscape Site Plan submitted November 3, 2000, by American Village Properties: Town Center West PUD Ordinance: 1. Section 6.3.A These yards appear to be adequate for this development according to the plan submitted November 3, 2000. 2. Section 8.2.0 "... landscaping in the Commercial Areas I and II shall occur per ADLS Site Plan", should be changed back to "... landscaping shall occur per the Commission's Bufferyard Guidelines (found in Carmel's Zoning Ordinance Appendix A)." The current site plan does not show adequate landscaping for the perimeter areas. PUD Ordinance needs to define the standards to be followed. 3. Section 8.3.B i Shade trees—diameter size of"one and one-half(1 'A)" needs to be changed back to the standard"two and one-half(2 1/2)". 4. Section 8.3.B ii "... twenty (20) spaces" needs to be changed back to the standard "six (6) spaces". A reduction to twenty from six parking spaces would represent landscaping at less than one-third the overlay ordinance standard. An option may be added to substitute one(1)shade tree for the five(5)shrubs required for plantings within the interior of parking lots. 5. The standard for Parking Lot Perimeter Plantings found in earlier PUD submittals and in the 421 Overlay Ordinance (Section 23C.10.3.5b) requiring a six (6) foot strip for tree planting has been removed. The requirement must be reinserted into the PUD Ordinance. 6. Section 8.4 B The phrase "It shall also include the removal of all stakes and guy wires after one year"shall be inserted as the last sentence. • Page 1 Town Village West landscape plan 1. Sideyard buffering requirements must be shown on the plan. Any preservation of existing trees or fencerows used to fulfill these requirements must be shown on the plans with a limit of construction line and tree preservation details including, but not limited to, location of tree protection fencing. 2. Commercial Areas I and II require a six foot strip for planting on the perimeter of the parking lots. This strip and the required plantings are not on the plans. These plantings need to be added. 3. The mounding shown along the south perimeter helps to mitigate the buffering requirements, but more trees need to be added along the south perimeter. At least twenty-two (22) trees must be added within the residential section, and at least twenty-two (22) trees must be added within the commercial and mixed-use sections that border residential properties. These trees should be divided between evergreen and shade tree species, but may be one and one half(1 'h) inches in diameter(measured six inches above the root flare). 4. The north perimeter does not show adequate buffering requirements. Existing trees and fencerows to be preserved to fulfill buffering requirements, must be shown on the landscape plans. If existing trees are not preserved to fulfill buffering requirements, plantings must be added to fulfill these requirements. 5. Austrian Pine (Pinus nigra) is listed on the plant schedule. This plant is not acceptable due to pressure from insect and disease pests. Acceptable alternatives could include Douglas Fir or White Fir. 6. Within the residential area east of the detention pond, the planting of large shade trees need to be increased. Only ornamental species are shown on the plan in that area. Shade tree plantings should added to the parking lot island, the perimeter of the parking area,or a combination of both. 7. For final ADLS landscape plan approval, the plan must include planting details, a complete plant schedule with quantities, and labeling of individual plants. These are not shown on the current submittal. • Page 2 Lillig, Laurence M rtl■_-1 to From: Lillig, Laurence M r Sent: Friday, November 17, 2000 9:45 AM DQCS To: Johnson, Sue E Cc: Morrissey, Phyllis G; Pattyn, D Subject: Town Centre West PUD The following Docket Nos. have been assigned and fees assessed for the Developmental Standards Variance, Rezone, and ADLS petitions filed by Paul G. Reis of the Reis Law Firm on behalf of American Village Properties for the Town Centre West PUD: V-187-00 $450.00 184-00 Z ((34.825±) *$25.00) + $500.00 = $1371.00 185-00 ADLS ((34.825±) *$25.00) + $500.00= $1371.00 Total: $3192.00 Sue Ellen, please contact Mark Monroe of the Reis Law Firm at 848-4887 with this information. The DSV will be heard at the November 27, 2000, Board of Zoning Appeals, and, if the variance is approved, the Rezone &ADLS petitions will be placed on the December 21, 2000 Plan Commission agenda. LAURENCE M DWG. IR. PLANNING ADMINISTRATOR CITY OF CARMEL DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE CARMEI, IN 46032 317.571.2417 317.571.2426 (FAX) LULUG@CI.CARMELIN.US 1 • The Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax: (317) 848-4899 (317)848-4886 firm @reislaw.com preis@reislaw.com November 3, 2000 . VIA HAND DELIVERY NOV 4 1.0 'I 2000 Mr. Laurence Lillig, Jr. Dou5 Department of Community Services City of Cannel 1 Civic Square Carmel, Indiana 46032 RE: Rezone and Preliminary Development Plan - 111th Block of Michigan Road Our File Number: 2036/1 Dear Laurence: As a supplement to the filings we made September 22, 2000 and October 11, 2000 with your office, please find enclosed two copies each of the revised PUD Ordinance, ADLS Site Plan (that shows the sidewalk locations), and architectural elevation drawings for the American Village Properties, LLC project. If you have any questions about the project following your review, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC • Paul . PGR/mtm Enclosures The Reis Law irmF 4 Paul G. Reis, Esq., LLC :;� MT CCU D 12358 Hancock Street r- 11 2/!/In Carmel, IN 46032-5807 000 (317)848-4885 DOCS o Writer's Direct Dial Fax: (317) 848-4899 , (317)848-4886 firm@reislaw.com preis @reislaw.com \*•:`/! T = October 11, 2000 VIA HAND DELIVERY Mr. Laurence Lillig, Jr. Department of Community Services City of Carmel 1 Civic Square Carmel, Indiana 46032 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Laurence: As a supplement to the filing we made September 22, 2000 with your office, please find enclosed two copies each of the corrected Rezone Petition, Traffic Impact Study, Lighting Plan and Signage Plan for the American Village Properties, LLC project. If you have any questions about the project following your review, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC D . ‘ PGR/mtm Enclosures 10/16/00 10:15 FAX HAMILTON CO HWY. 4-�3 Carmel DOCD 0 001/U01 0 0 ,V i A - - :2-...00 Recevi re0„. l L ''=11- � Ii �"'1ttI t, .1 FJ l L1MV l KFD )? • OCT 10 200 7 V�� , \',x--i- 4 `} 7 ' ^� DOCS -` ,,n ,-�._�1 ' -_,:'' ..z�!- , - - '2. `° ,n.' t •t ,Iit 16;2000 Mr. Paul G. Reis The Reis Law Firm 12358 Hancock Street Carmel,Indiana 45032-5807 RE: 1111 Block of Michigan Road Rezone and Preliminary Development Plan N of 106th Street 1 E of Michigan Road Clay Township Dear Paul: This letter serves to follow up comments made at a meeting held on October 11,2000,concerning the above mentioned project. t An Application for Project Review needs to be completed and the appropriate review fees for a Construction Plan Review paid,before any approvals will be granted from this office. I have enclosed a blank form for your use. 2. In accordance with the Hamilton County Thoroughfare Plan,the right of way along Nhchigan Road is a 55'half right of way. 3. The connection to Monitor Lane, located within the Westons Subdivision,will not be required to be made provided that an easement is shown to allow connection to the adjoining properties. 4. Please be aware that further comments may be necessary at a later time. If you have any comments or questions regarding this letter or project, please feel free to contact me at any time. Thank you for your attention and cooperation. Sin y, • geetefeeee,..--- Steven J. Broermann Staff Engineer cc: Laurence Litlig,Jr. GIUSERSOMAC110-16-00.ab wpd 1717 PLEASANT STREET NOBLESVILLE,INDIANA 46080 (317)773-T770 • Lillig, Laurence M From: Jay Alley [Jay @ctrwdsewers.org] N! Sent: Monday, October 16, 2000 11:52 AM 47) To: LLillig @ci.carmel.in.us Cc: Candy Feltner; rlauritsen d©slmaco.com ' G,j[CENED 0 Subject: TAC Comments 10-18-00 OCT 16 2000 DOCS Hello again, Laurence: Following are CTRWD comments on the one agenda item in our service area for Wednesday's meeting. Please feel free to copy and distribute this email or attach it to your meeting minutes. American Village PUD The concept plans which have been submitted to the District and its consulting engineers are not sufficiently detailed for a complete sanitary sewer review. Comments have been previously provided to Mr. Reis, attorney for the developer. Detailed plans need to be reviewed by the District's consulting engineers, Samuel L. Moore &Associates, and approved by the District before any permits can be issued. We are a member of the IUPPS underground locate network so call 1-800-382-5544 before you dig! Please feel free to contact me if you have questions or need additional information. Please check our website for construction specification and permit information and let us know if there is other information we can provide which would be useful. Thanks- 1 10/13/2000 15:09 317-776-1101 HAMILTON CO USDA PAGE 02 • HAMILTON OUNT . i it LL F t& - ,.117-77.32181 ' 4 .TB Age:: $7, ,: Fax:31:7;76-)Wi t' ill �I�t+D�;►ltlr1;r ia. : 1108 South 9'" Street • Tabrtels%PJ;e, • IN • 46660=3'745 s Et • Octttbet 13,:200 ; , , (-), Mr.Paul G.IZei ,:lssq:;LLB o 12158 Hancock Street '� t tarxaelf:I14602-5807 a 1 .. Rei-kelatie and Preliminary Development Plan at 111th-8166k of Michigan Rd . -- --... ..1 have reviewed the drawings for the rezone and have the following comments: . Q ;.The.spils.are suitable for commercial development.The soil limitations far • • - drainage,low tcngtb and frost heave need to be addressed in the construction . plans: . 0 ... well for the existing residernce needs to be properly capped prior to eonstruction activities Local,count) and state requirements need to be met_ , • m 'The drainage plan.seems to be sufficient. The Watershed to the north will.weed to . be iri luded in the final storm water plait. • .`•® . Preserving the majority of the trees on the east end of the property is a good e : element a 'consez ation planning, . , 'rece . nt aerial..photo shows a light colored oval shaped piece of land to the north . ' - and slightly east of the.existing buildings. Is this area a potential wetland'? .. • I will be.available.,to discuss this report should you have any.questions. •:Sincerely, John S.South 13.F. • ' Conserv'ation.Engiheer . Cc: L Lillig .. S: Cash . File . . N DEV.E L.OPMENT S CONSERYATIU ELF-GOVERNMENT • "AN sQUALryprOitTLINYrt,EMPLoytg' - _ • City of Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 \yy- \ 1 ~� � 31'1/5n-2600 z,4 •17 4% Paul G. Reis • 00° ?D�® The Reis Law Firm 12358 Hancock St. Carmel, IN 46032 - ,n 1 RE: 111th block of Michigan Road (1 LETTER OF APPROVAL The undersigned has reviewed the proposed plans for - 111th block of Michigan Road • and has approved the plans subject to the following: • • • 1. Are any of the proposed buildings to be sprinklered buildings? If so a meeting is requested to to discuss the location of the fire department connection(s). k • • 2. If buildings are to be sprinklered,we are requesting an exterior entrance for the fire riser equipment room is provided. 3. We are requesting that a meeting be scheduled to discuss the location of additional fire hydrants for fire suppression efforts. 4. Please note on plans if the buildings are multi-story. 5. We are requesting knox boxes be provided for all commercial buildings and the site's clubhouse for emergency access. Please respond to the above noted condition(s)in writing and submit to our office prior to the scheduled Technical Advisory Meeting for this project. Date: October 3. 2000 By: Gary Hoyt, Fire Marshal Carmel Fire Department Fire Prevention Saves Lives and Property • p • 3 01• \\v f� MEL•c Y ����2c� \, �KS&RECREA`��N BR, Der 2000 The Benefits are Endless...TM ROCS October 10, 2000 4 Paul G. Reis, Esq., LLC The Reis Law Firm 12358 Hancock Street Carmel, Indiana 46032-5807 RE: Rezone and Preliminary Development Plan — 111th Block of Michigan Road, File Number 2036/1 Dear Mr. Reis: Thank you for the drawing and information on this mixed-use project. The project seems interesting. As the representative of the Cannel Clay Parks and Recreation Department, can you please let me know the location of the path, width and the if the path will be asphalt or concrete along US 421/Michigan Road. Also in looking over your plans, I did not see the any layout of interior sidewalks or paths. These are the only concerns that I have for you to address. This information may be address in additional sheets that I did not received. Sincii rely, John ester, Manager of Operations Cc: Laurence Lillig, Community Services 1055 Third Avenue SW• Carmel •Indiana •46032 Phone (317) 848-PARK(7275) • Fax (317)571-2468 • • CLAY IVATIC6 Can.nel Clay Schools - Co itirniing xcellence in E&Ica tivr>r ��'�+EC,lN9llN9l October 3, 2000 s?0 Mr. Paul G. Reis, Esq. 400, ?0 The Reis Law Firm - 12358 Hancock Street ✓e, Carmel, IN 46032-5807 Re: Rezone and Preliminary Development Plan 111th Block of Michigan Road Dear Mr. Reis: Thank you for your submittal of the above-referenced plans. I offer the following comments: 1. Sidewalks should be provided to allow school age children safe access to any on-site bus stops. 2. It is probable that one or more school buses will need to enter the property to pick up school age children. Stops for apartment complexes are generally limited to one or two centralized locations. It would appear that the likely location for a centralized stop would be in front of the Clubhouse. Therefore, roadway clearances and turning radii must be sufficient to accommodate up to an 84 passenger bus. The minimum turning radius for an 84 passenger bus is 45 feet. If you have any further questions, please feel free to call me at 815-3962. Sincerely, cs� t Ron Farrand, Jr. RA Director RF:jak c: Lawrence Lillig, City of Carmelt/ Facilities& Transportation Department —5144 East 12e Street, Carmel, IN 46033 317/844-8207—Fax 317/571-9659 T, • III 400 A '4') Attn: Chairman of - Carmel Clay Plan Comm ission ®cl 4 ?�® 1/008 00 October 4, 2000 .44 '17 ' From: Resident of Weston Village - 10735 Morristown Ct Carmel, IN 46032 Dear Commission: I am submitting this letter to protest that planning of building 298 apartment homes ( by American village Props . ) in the location referenced in the attached 09/22 notice . It is unacceptable for these- 4O0-5O0- residence inhabitors to use exits through Contruction Dr. to avoid -bottlenecks presented by Michigan road = north of 106th St . This added traffic would be a noise and conceiting nusance to the residents of Weston Village . Please, do not approve plans to build this apartment project! If need be, I can be reached at 317 506-6433 . Sincerely, Mike Tancock PS . Please make a copy of this 2--page memo and distribute it to all plan commission members . September 22, 2000 Dear Neighbors: For those who may not already know, American Village Properties is planning to bu i h borders The W `tons to the d what it cal a development with a traditional neighborhood flair"on the property just south of Altum s orth and west. After recently attending a meeting held by the builder(to which only those Weston homeowner who border n is also the property at issue were invited)we learned that"mixed-use develomm�t,(post office, pub,a restaurant,bank,�etc ry(and P a few two-story) apartments to be exact. Some commercial develop planned. The entrance to these businesses as well as the apartments ral off of presently Michigan R oasts off of Constitution e is a Drive. that the apartments will be connected to our neighborhood by a partial road is sure to If this occurs,we can likely expect apartment traffic through heside the(especially nand sinc travel through The become more congested with the hundreds of additional folks who will Westons would provide a shortcut for those heading East). According to the developer, there will be 298 apartment homes. The apartment buildings will be either 33' (two-story)or 45'(three-story)tall and will be located between 70' and 200' from many of our 25'yards. Each lot 1 ding will:have eat least 8 apartments, six of which will have windows facing our homes. apartment complex,with additional security lighting on the apartment buildings. If approved, development will begin next summer. It is anticipated that the.portion of the complex that borders the Westons will be completed by the end of next year, while the entire neighborhood will be completed by the Summer of 2002. The rents are estimated at between $650.00 to $1,100.00 per month. The complex will not offer a playground, The developer reports that the development of this property falls within the jurisdiction of Carmel Clay. He plans to submit his proposal for consideration and approval by the end of this month. It is our understanding that once the plan is submitted • it will be on file for any citizen who wishes go and take a look at it. In addition, we understand the Cartiel Clay Plan Commission (a recommending body)will hold a public hearing concerning the proposal (probably in November), during which testimony from the concerned public is welcomed. The developer stated that by law, only those homeowners whose property borders the proposed development must be notified of the hearing. He also explained that the project is subject to ultimate approval by the City Council. We are seriously concerned about the effect an abutting apartment complex will have on all our property values and our quality of living, due to a decrease in privacy and aesthetics as well as an increase in lighting and in traffic on both Michigan Road and within our own neighborhood. Although it is not surprising that the property in question is being developed, single family homes would be far preferred over apartments. We encourage any of you who share our concerns to keep abreast of the status of the proposal,to attend the public hearing, and to voice your concerns to the members of the Carmel Clay Plan Commission and/or the City Council. Acting together, we may be able to facilitate favorable results. Resources: The Developer: Mike Speedy,American Village Properties,LLC,4635 Moss Creek Terrace,Indianapolis,IN 46237, 317-697-6500(Fax: 317-768-6689). Carmel Clay Plan Commission: http://www.ci.carmel,in.us/government/boards/cepc.html Here you will find notices of public hearings plus member names and email addresses. Carmel.City Council: http://www.ci.carmel.in.us/govemment/council/index.html Names, email addresses,and bios of the seven elected City Council members. • Sincerely, Mark and Stephenie Veach 3832 Constitution Drive 733-9129 (msveach @msn.com) 10/02/00 12:43 FAX HAMILTON CO HWY. --- Carmel DOCD 0001/003 nT pi pv fiC�r` ''-1') i t g1R re r„,{ e,1-gag. e' 9G. �a r `'* �r u . ib r i )/ ® (m) 7 =1 it' i�nl. R I� _ 9'r �� � 2 Y1 �IA 141Y f�v;a rr� y�. �titT.l L t4+ • '. a,_.-, ti .ter / '��a „wy,,, 1, a.:a1.4,w;Stu,u� x % 1i:∎: �a.,� t r�;..l. �� a�ux.�A" ,'� Jti ^� �_�_ -47 'C •.,air../ "'�;a �-�';. i J^+./ tt r October 2,MUG Mr. Paul G. Reis The Reis Law Firm 12356'r•ianccck Street Carmel Indlwn ar5..fl•-Q 5! 7 RE: 111 'Block of Michigan Road ReZene and preliminary Development Plan N ofif**Street iEofMichigenRoad -hip Clay Township Dear Paul: This tsar setviez t^acc[nc eri a receipt of a transmittal containing the plans for the above mentioned project_ After reviewing the plans,the Highway Department has the following comments: 1. an Arwsge-Jef en for jet Review needs to be completed and the appropriate review fees for • .T tru -a- - approvals will be granted from this office. I have a C®nstl'Uaiord Plan Review paid,before any app enclosed a blank form for your use 2. In accordance With the Hamilton County Thomugware Pian,the right away aiuu hi i4itkelll Roar is a eeo naif right rn way. rya study been rfermed? I f so,please for arri a ropy in this n�Crt so that !. 1'Id�Si Uallgt.aueup ucnu Y,aw�rl...... copy of further road improvements can be made. 4 Are the streets within the new development to be public or private? 5. All improvements to Michigan Road, and any worts performed in the right 01 way 01 Ntirnigan Road must be approved by INDUT. ._the ..� .«�.at a®�^ ,.�Jane 6. 9ne Higeway Department is mini'ing coiine LiCii.to the stub street at Monito The ,1—L..._....Deparenent is w.sw.�iring that 9 street be strlhhed to the north property line to allow !. IIIG flf'�Nyyap vorassl g�rr�rr..r-�...y.a.....y........street......•_•-•--- -- -.._ �--r fora nnnnertinn at a later date_ 8_ Please be aware that further comments may be necessary at a later time. If you have any ixrmn,ents or questions reoardinci this letter or protect, please feel free to contact me at any time.Thank you for your attention and cooperation. Sincerely, f �L .+ r4 qg Bevan J- Amermann Staff Engineer cc: Laurence Lillie,Jr. 1717 PLEASANT STREET NDBLESVILLE.INDIANA 48080 (317)773-7770 The Reis Law'lFirm Paul G. Reis, Esq., LLC 12358 Hancock Street Cannel,IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis@reislaw.corn September 29, 2000 % 404 /1 Ron Lauritsen, P.E. SEA9 .. Samuel L. Moore &Assoc. nrD Suite 150 2629 Waterfront Parkway East Drive Indianapolis, IN 46214 r RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Lauritsen: On September 22, 2000', we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan .Roads in Clay ,Township, Hamilton: County, Indiana. Enclosed herewith is the. preliminary development plan for your review. - • We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or.Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC P: I . Re's PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS (w/o enclosure) s The Reis Law Firm 4 ;ECEM© Paul G. Reis, Esq., LLC to 510 12358 Hancock Street rs Cannel, IN 46032-5807 • DOCS (317)848-4885 Writer's.Direct Dial Fax: (317)848-4899 � (317)848-4886 firm @reislaw.com p migo preis @reislaw.com September 27, 2000 Mr. Steve Cash Hamilton County Surveyor Office One Hamilton Square, Suite 146 Hamilton County Judicial Center Noblesville, IN 46060 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Cash: On September 22, 2000, we filed with the City of Cannel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and • corresponding preliminary plans for a mixed-use project in the 111th:Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. .Enclosed,.Herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21., 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. • Very truly yours, PAUL.G. REIS, ESQ., LLC G. R is PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS ® • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis @reislaw.com September 27, 2000 Mr. Ron Farrand Carmel/Clay School 5201 East 131st Street Cannel, IN-46033 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Farrand: On September 22, 2000, we filed with the City of Cannel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the . . preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21,, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC 4G. i s PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Cannel DOCS The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317) 848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm@reislaw.com prei s@reislaw.corn September 27, 2000 Mr. John South Hamilton County Soil & Water Conserv. 925 Division Street Noblesville,IN 46060 - RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. South: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. .:. • We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC la ' &G. eis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Cannel DOCS ® • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firrn@a reislaw.com preis @reislaw.corn September 27, 2000 Mr. Gary Hoyt Office of Fire Chief, Fire Station#1 Two Civic Square Carmel, IN 46032 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Hoyt: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith, is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC i P ►,. Re'is PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS • • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel,IN 46032-5807 (317) 848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis @reislaw.corn September 27, 2000 Mr. L. Joe Cook Hamilton County Sheriff Dept. 18100 Cumberland Road Noblesville, IN 46060 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Cook: On September 22, 2000, we filed with the City of Carmel Department of Community Services,, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the lllth Block of the east side of Michigan Road in Clay Township, Hamilton .County, Indiana. Enclosed herewith is the preliminary development plan for your review. • We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC / / "au G. keis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317) 848-4899 (317)848-4886 firm @reislaw.com preis @reislaw.com September 27, 2000 Mr. Steve Broermann Hamilton County Engineering/Hamilton County Highway 1717 East Pleasant Street Noblesville, IN 46060 • RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Broermann: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to • contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC • G. eis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS ® The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial (317)848-4886. Fax:(317)848-4899 reis reislaw.com firm @reislaw.com P @ September 27, 2000 Mr. Bill Akers Carmel Communications 31 First Avenue NW Carmel, IN 46032 • RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Akers: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. • We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC G. eis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS • The Reis Law Firm Paul, G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial (317)848-4886 Fax:(317)848-4899 reis reislaw.com firm @reislaw.com P @ September 27, 2000 Mr. Jay W. Alley Clay Township Regional Waste District P.O. Box 40638 Indianapolis, IN 46240 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Alley: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October.18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC . eis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis @reislaw.com September 27, 2000 Mr. Greg Cammack Ameritech 5858 North College Avenue Indianapolis, IN 46220 • RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number:2036/1 Dear Mr. Cammack: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in. Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21., 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC P'ul . R/is PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS ® • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN 46032-5807 (317) 848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis@reislaw.corn September 27, 2000 Ms.Pam Waggoner Indianapolis Water Company P.O.Box 1220 Indianapolis,IN 46206 • RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Ms. Waggoner: On September 22,, 2000, we filed with the City of Cannel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL.G. REIS, ESQ., LLC G.,leis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS • • The Reis Lady Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel, IN,46032-5807 (317) 848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm@reislaw.com preis @reislaw.corn September 27, 2000 Mr. John Lester Carmel/Clay Parks Department 1055 Third Avenue SW Carmel, IN 46032 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 203 6/1 Dear Mr. Lester: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan:for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS,ESQ., LLC • G. ,eis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS • The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Cannel, IN 46032-5807 (317) 848-4885 Writer's Direct Dial (317)848-4886 Fax:(317)848-4899 refs reislaw.com firm @reislaw.com preis@reisIaw.com 27, 2000 Mr. Larry Castetter PSI 1441 South Guilford Cannel, IN 46032 RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Castetter: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. - We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, PAUL G. REIS, ESQ., LLC • G. Deis PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS The Reis Law Firm Paul G. Reis, Esq., LLC 12358 Hancock Street Carmel,IN 46032-5807 (317)848-4885 Writer's Direct Dial Fax:(317)848-4899 (317)848-4886 firm @reislaw.com preis @reislaw.com September 27, 2000 Mr.Chuck Shupperd Indiana Gas Co. P.O. Box 1700 Noblesville; IN 46060 • RE: Rezone and Preliminary Development Plan— 111th Block of Michigan Road Our File Number: 2036/1 Dear Mr. Shupperd: On September 22, 2000, we filed with the City of Carmel Department of Community Services, on behalf of American Village Properties, LLC, a Rezone Application and corresponding preliminary plans for a mixed-use project in the 111th Block of the east side of Michigan Road in Clay Township, Hamilton County, Indiana. Enclosed herewith is the preliminary development plan for your review. We are anticipating having this application placed on the October 18, 2000 agenda of the Technical Advisory Committee and the agenda of the Carmel/Clay Plan Commission for November 21, 2000. Please forward any comments you have after your review of the enclosed plans to me or Mark Monroe at our office address listed above. If you have any questions regarding this matter in the mean time, please feel free to contact me at 848-4886, or Mark Monroe at 848-4887. Thank you very much for your cooperation and assistance. Very truly yours, • PAUL G. REIS, ESQ., LLC k u ei PGR/mtm Enclosure cc: Laurence Lillig, Jr., City of Carmel DOCS S• 01011 a V e/AV • « � - Legal Description %NN OOGS A part of the Southwest Quarter of Section 6,Township 17 North,Range 3 East in Hamilton_. , County, Indiana, being more particularly described as follows: Commencing at the Northeast corner of said Quarter Section; thence South 89 degrees 56 minutes 26 seconds West along the North line thereof 20.00 feet to the Northwest corner of Park At Weston Place,Section Three,recorded as Instrument No.9736778 in Plat Cabinet 2, Slide No. 18 in the Office of the Recorder of Hamilton County,Indiana,said point also being the POINT OF BEGINNING of this description; thence South 89 degrees 56 minutes 26 seconds West along said North line 2238.25 feet to a point on the centerline ofU.S.Highway— No.421 (Michigan Road); thence South 15 degrees 04 minutes 16 seconds East along said centerline 757.39 feet;thence South 89 degrees 49 minutes 00 seconds East along the North line of The Village At Weston Place, Section Two,recorded as Instrument No. 9626949 in Plat Cabinet 1,Slide No. 686 in the Office of the Recorder of Hamilton County,Indiana,and a westerly extension thereof 1319.37 feet; thence North 00 degrees 48 minutes 27 seconds East along a northern boundary line thereof 74.91 feet;thence South 89 degrees 49 minutes 00 seconds East along a North line of said plat and along-the North line of Park At Weston Place, Section Two,recorded as Instrument No.9645748 in Plat Cabinet 1,Slide No. 733 in the Office of the Recorder of Hamilton County,Indiana,711.52 feet to the Southwest corner of aforesaid Park At Weston Place, Section Three; thence North 00 degrees 48 minutes 27 seconds East along the West line thereof 665.32 feet to the place of beginning, containing' 34.825 acres,more or less. . I:\2036\1\Legal Description.doc ppNl�MI C44,1,44,4 P rit-er'Weir I WI Cie (Aff,r..'s+-c, Art, isq.-1) • Exhibit"A" $‘-Q ooGS Legal Description ,�; i3 A part of the Southwest Quarter of Section 6,Township 17 North,Range 3 East in Hamilton County, Indiana,being more particularly described as follows: Commencing at the Northeast corner of said Quarter Section; thence South 89 degrees 56 minutes 26 seconds West along the North line thereof 20.00 feet to the Northwest corner of Park At Weston Place,Section Three,recorded as Instrument No.9736778 in Plat Cabinet 2, Slide No. 18 in the Office of the Recorder of Hamilton County,Indiana,said point also being the POINT OF BEGINNING of this description; thence South 89 degrees 56 minutes 26 seconds West along said North line 2238.25 feet to a point on the centerline ofU.S.Highway— No. 421 (Michigan Road); thence South 15 degrees 04 minutes 16 seconds East along said centerline 757.39 feet;thence South 89 degrees 49 minutes 00 seconds East along the North line of The Village At Weston Place, Section Two,recorded as Instrument No. 9626949 in Plat Cabinet 1,Slide No.686 in the Office of the Recorder of Hamilton County,Indiana,and a westerly extension thereof 1319.37 feet; thence North 00 degrees 48 minutes 27 seconds East along a northern boundary line thereof 74.91 feet;thence South 89 degrees 49 minutes 00 seconds East along a North line of said plat and along the North line of Park At Weston Place, Section Two,recorded as Instrument No.9645748 in Plat Cabinet 1,Slide No. 733 in the Office of the Recorder of Hamilton County,Indiana,711.52 feet to the Southwest corner of aforesaid Park At Weston Place, Section Three; thence North 00 degrees 48 minutes 27 seconds East along the West line thereof 665.32 feet to the place of beginning, containing 34.825 acres, more or less. • • I:\2o36\1\L.egal Description.doc